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Mediation works well for those who:
- Do not want someone else deciding the outcome of your
dispute
- Still want to pursue arbitration or a trial if you do not
reach resolution
- Want a more affordable, more timely and less stressful
process than an arbitration or trial
Arbitration works well for those who:
- Want to enlist the expertise of a limited group of outside
decision-makers (arbitrator or 3-person panel)
- Prefer the decision to be final without the time and expense
of a trial and/or appeal
- Do not want to establish a precedent and want the resulting
decision to apply only to this particular case
- Are not standing up for an ideal
- Seek a final outcome
- Want a more affordable, more timely and less stressful process
than a trial
Litigation / Trial works well for those who:
- Are standing up for a principle, cause or set of rights for
those who succeed you
- Want to draw media attention
- Want a judgment by peers (jury)
- Seek a final outcome
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"My circumstances did not belong at trial, but we were headed there.
Both attorneys believed they could 'win.' Being an owner of a business, my
attention needed to be focused on my work, not on a protracted legal proceeding.
Because of the intertwined nature of my business and personal transactions,
there were numerous financial issues to resolve.
Ellen was able to 'cut to the
chase' and to bridge the gap between my wife's attorney and my attorney. She
worked us through debt allocation, division of assets, child support with
private schooling and alimony. Ellen was effective in moving the spotlight off
the anger between the parties, bringing focus to the core issues which needed to
be addressed. I highly recommend her to others going through a divorce and
trying to manage through the drama that takes all off point."
Husband in a divorce action
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