Alternative dispute resolution (ADR) is getting more popular by the day. Even the most experienced West Palm Beachprobate litigators are starting to practice their arbitration and mediation skills. Is the other side inviting you to go to mediation? Before you walk into the mediator’s office you may want to learn a little more about ADR in West Palm Beach. What is the difference between mediation and arbitration?
Arbitration
- Arbitration is less common in probate disputes that mediation but it is still an important aspect of ADR.
- Arbitration takes issues out of a traditional court room and allows you to save some time through the less formal process of arbitration.
- Watch out though because you are waiving some rights.
- You will not have the same rights on appeal as most Palm Beach litigants.
- You also will have no right to a jury trial.
- The good news is the only way to end up in arbitration in a probate dispute is if there is a contract making you.
- Are you subject to an arbitration clause in West Palm Beach?
- Regardless, you may still be on the hook for mediation.
Mediation in West Palm Beach
- Mediation is getting so popular that it is basically mandatory before you go to trial in West Palm Beach probate court.
- A mediator is a neutral party like an arbitrator but they lack a lot of the authority given to an arbitrator.
- A good West Palm Beach mediator is going to listen to both sides and candidly inform them of the risks associated with going to trial.The goal is for a settlement to occur.
- Even if you know settlement is not an option the probate judge in West Palm Beach may still require you to go to mediation, you never know.
- Has your Palm Beach probate firm prepared you for mediation
- The truth of the matter is you are not going to get far in a probate dispute without mastering or getting a probate lawyer who has mastered ADR.
Want to learn more about what you can expect?