As a Professional Legal Nurse Consultant (PLNC), how can you help in Mediation or Arbitration? And, what do those terms actually mean? Mediation and Arbitration are considered alternative dispute resolution methods to that litigants avoid going to trial.
Let’s look at Mediation v. Arbitration
Mediation: It’s a nonbinding way of resolves differences. Parties may be thinking about settling the case, but they don’t necessarily want to go to court. They can act through a neutral, the mediator, and resolve the matter. Just know that courts can impose mediation as a condition that must be fulfilled prior to an actual hearing or trial.
Arbitration: It’s like a mini-trial. There could be one to three arbitrators who hear evidence in the case and make a ruling.
As a PLNC, your opinion about the case matters. Prior, during, and even after alternative dispute resolution, you’re there to educate the attorney and the legal team. You’re tutoring the attorney and providing new directions.
Mediation can be virtual or in-person. Just know, there are numerous ways you can help with alternative dispute resolution. You’re important and your education, knowledge, and training can be extremely useful here.
P.S. Have you ever participated in either mediation or arbitration whether as a party, witness, or Professional Legal Nurse Consultant?