Mediation & Arbitration

What is the difference between mediation & arbitration?

In a mediation setting, the mediator assists you and your opponent arrive at a solution to the dispute(s) on your own. In an arbitration setting, the arbitrator makes the ultimate decision and you must abide by it absent very few exceptions.

Advantages of Mediation with Damiano M. Fracasso vs. Going to Court

Issue	Mediation	Going to Court
Scheduling	You control the dates and times to accommodate your schedule and timeline for completion. Damian schedules mediation on weekdays, evenings, weekends and most non – major legal holidays.	The Court tells you when it will hear your motions, trials based on the Rules of Court and its caseload. The Court is only open between 8:30 and 4:30 weekdays and not holidays.
Final Decisions	The mediator will prepare a settlement outline for your attorney to review or for you to reduce to a binding contract and eventual order of the Court at the completion of mediation.	The Court will issue a ruling either at the completion of the hearing or sometime thereafter depending on the judge’s caseload.
Compliance with Outcome	Studies have shown that mediated agreements have a higher occurrence of compliance.	The Court process permits appeals and requires you to enforce the agreement when it is not complied with.
Attention to Your Case	The mediator will spend as much / little reasonable time on your case as you are willing to pay for.	Given the Court’s vast caseload its time to spend on your case is limited.
Confidentiality	Unless otherwise agreed upon or required by law (in very limited circumstances) the mediation process is confidential and not open to the public.	Court proceedings are open to the public and available to the public (and press) for inspection and copying.
Cost	Shared by the parties by agreement.	Mandatory filing fees apply.
Waiting Time	You begin the process immediately upon your arrival.	Depending on your docket position, you will have to wait for your case to get reached (assuming it is reached on the scheduled day).
Ultimate Outcome	Unless it violates public policy (i.e. sell your children to payoff credit card debts), you have total creative control over the final outcome.	The Judge can only act within the confines of the law.
Use of Attorneys	Attorneys are always welcome and encouraged to participate but not required.	In civil disputes over $3,000 involving a corporation, attorneys are required.
What can be resolved?	*Anything* you and someone else cannot agree upon unless it violates public policy.	Only “cases and controversies” cognizable as a cause of action.
Who can have their problems solved?	*Anyone* who is competent to enter into a contract.	Only parties who have “standing.”
Where the dispute can be resolved	*Anywhere* you can agree on a safe, neutral and cost effective location.	At the Courthouse located in the proper “venue” which is determined by court rule.
Paperwork	Issues can be resolved informally and without “motion” practice.	Formal written “motions” are required.
Discovery	Not required, but welcome if parties desire.	Required by court rule and order.
Proper Attire	Shirts, pants, and shoes are required.	Formal dress is expected.

Advantages of Arbitration with Damiano M. Fracasso vs. Going to Court

Issue	Mediation	Going to Court
Scheduling	You control the dates and times to accommodate your schedule and timeline for completion. Damian schedules arbitration on weekdays, evenings, weekends and most non – major legal holidays.	The Court tells you when it will hear your motions, trials based on the Rules of Court and its caseload. The Court is only open between 8:30 and 4:30 weekdays and not holidays.
Final Decisions	The arbitrator will prepare a settlement outline for your attorney to review or for you to reduce to a binding contract and eventual order of the Court at the completion of mediation.	The Court will issue a ruling either at the completion of the hearing or sometime thereafter depending on the judge’s caseload.
Compliance with Outcome	Appeals are not permitted absent limited statutory exceptions or unless you agree to make them subject to appeal.	The Court process permits multiple appeals; motions for reconsideration; motions for new trials; motions to set aside the verdict; and motions for “remitter” and “additur.”
Attention to Your Case	The arbitrator will spend as much / little reasonable time on your case as you are willing to pay for.	Given the Court’s vast caseload its time to spend on your case is limited.
Confidentiality	Unless otherwise agreed upon or required by law (in very limited circumstances) the arbitration process is confidential and not open to the public. On the other hand, if you agree, a formal record can be made with a court reporter.	Court proceedings are open to the public and available to the public (and press) for inspection and copying.
Cost	Shared by the parties by agreement.	Mandatory filing fees apply.
Waiting Time	You begin the process immediately upon your arrival.	Depending on your docket position, you will have to wait for your case to get reached (assuming it is reached on the scheduled day).
Ultimate Outcome	Unless it violates public policy (i.e. sell your children to payoff credit card debts), you have total creative control over the final outcome on the issues you can agree upon leading up to the arbitrator’s final decision.	The Judge can only act within the confines of the law.
Use of Attorneys	Attorneys are always welcome and encouraged to participate but not required.	In civil disputes over $3,000 involving a corporation, attorneys are required.
What can be resolved?	*Anything* you and someone else cannot agree upon unless it violates public policy.	Only “cases and controversies” cognizable as a cause of action.
Who can have their problems solved?	*Anyone* who is competent to enter into a contract.	Only parties who have “standing.”
Where the dispute can be resolved	*Anywhere* you can agree on a safe, neutral and cost effective location.	At the Courthouse located in the proper “venue” which is determined by court rule.
Paperwork	Issues can be resolved informally and without “motion” practice.	Formal written “motions” are required.
Discovery	Not required, but welcome if parties desire.	Required by court rule and order.