The alternatives to civil trials

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Civil cases arise due to disagreements between people, businesses, and other entities including the government. Lawsuits usually progress through a few steps from the pleadings, to the discovery, and then a trial. Sometimes, an appeal may be made. Apart from trials, however, there are other ways for two parties to deal with their disputes.

While the alternatives may not result in the final resolution of the dispute, they may still prove to be valuable to the parties involved because they can save on time and expenses. It is best to take into account the desirability of these alternatives in order to avoid any unnecessary expenses in seeking remedies for the quarrel and to allow for their timely implementation. 

The first alternative is a settlement. Even without outside help, the parties involved may be able to negotiate an out-of-court settlement. Many cases settle before they even reach the trial stage but the option is still available to both parties at any time during the litigation process.

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The second alternative is mediation. It is more common for entities involved in civil litigation to seek the involvement of a neutral third party to assist the settlement efforts of both sides. The mediator can help both parties identify the risks involved in pursuing their case and how those risks could affect their goals. Still, the mediator does not have any authority to force the parties to agree on the settlement.

The third alternative is arbitration. Less formal than a trial, arbitration is an adversarial proceeding wherein the entities involved select a neutral third party, present their evidence, and argue their case. The arbitrator then decides which party wins. When parties agree to settle their dispute with binding arbitration, the downside is that they cannot appeal the arbitrator’s ruling to a court.

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Evan Granowitz is a civil litigator who works for Wolf Group LA. For more news and articles about the civil litigation process, follow this Facebook page.