The Morgue File So you need to resolve a legal dispute and must make a choice between these two alternative dispute resolution mechanisms, While the basic differences between mediation and arbitration lie in methodology, these differences may also affect the ultimate outcome of your dispute. Therefore, it is helpful to know not only the basic differences but also the pros and cons of those differences. In the most basic language, a mediation is a settlement while an arbitration is a decision on the merits of the case. While both are considered alternative dispute resolution mechanisms in that both avoid a full trial, including the costs of the trial, you must prepare for each differently. In a mediation, both sides of a dispute meet with a mediator who attempts to broker a settlement of the matter. It is usually more informal than an arbitration and also less costly . Usually, mediation is a good tool to use in situations where the parties are not too far apart in their
wikimedia commons Illustration by C[yrus] Fosmire and/or Howard E Smith which appeared in McClures Magazine with The Griswold Divorce Case by Frederic Taber Cooper , representing a man dictating to another an incriminating note, circa 1910. In the public domain in the United States We will all die. It is merely a question of when. If we are lucky and smart, we will have some assets to pass onto loved ones after we die. But families, all families, have their quirks and difficulties. Poor family dynamics inevitably emerge upon the death of a loved one where beneficiaries are concerned. And these family dynamics can lead to protracted litigation. However, some of these dynamics can be eliminated or alleviated if we use the proper estate planning tools. Estate planning attorneys are very knowledgeable regarding the process of probate and how to avoid probate. This question of whether to probate an estate or whether that estate should pass via trust remains a fundamental