Minn. There are several reasons for this increased interest in using alternatives to the court system for resolving disputes. Perhaps the most common explanation is the costly, time-consuming, and contentious nature of civil litigation. Good arbitrators may have a strong legal background and experience. Mediation, which entails a facilitated compromise designed to help the parties resolve their differences amicably.
Good mediators are tenacious problem solvers who can bring opposing parties to a mutual decision.
With arbitration, a neutral third party reviews the evidence in a dispute, and then issues an order in the form of an arbitration award. In many respects, an arbitration hearing is similar to a trial before a judge without a jury. Evidence is presented and witnesses testify before an arbitrator, who subsequently issues an order indicating which of the disputing parties prevails. In many cases, the arbitration award is final and binding, meaning that it can be enforced by a court order with relative ease. In fact, it is extremely difficult to overturn an arbitration award, since courts are quite reluctant to second-guess the decision of an arbitrator.