Consumers explore alternatives to litigation

Not all consumers want to use traditional litigation, to resolve their legal disputes. A variety of alternatives will allow consumers to choose the option that best suits their needs for legal resolution.

The number of court cases continues to rise, which means the courts are overwhelmed by a large number of cases to be resolved. Many people are not willing to pursue litigation because of the amount of time and energy necessary to solve a case.

Costs of pursuing a case through court litigation has increased. Consumers are looking to save money due to the weak economy. Pursuing an alternative to litigation may also mean less money in order to receive a judgment.

Mediation is an alternative that consumers can consider when trying to resolve a dispute. Mediation is a less expensive, less formal way to resolve a dispute. A mediator helps each party involved in a dispute to clarify their needs and reach a mutually satisfactory solution.

Arbitration is a second alternative to litigation. Such as mediation, arbitration is less expensive, less formal and more timely. Arbitration shall not involve the judicial system, but in ways other than litigation. The case is brought before a neutral third party arbitrator, often a former judge, who hears the case and provides a final decision in favor of either party.

Arbitration offers parties which pursue a dispute the benefits of a decisive outcome without legal costs and time involved in traditional litigation. Organizations like the National Arbitration Forum can help consumers to pursue arbitration.

Recent research has shown that consumers are recognizing the benefits of alternatives to litigation, including arbitration. A new white paper titled "Arbitration-a good deal for consumers" at the Catholic University of America Professor Peter B. Rutledge concluded that consumers actually prefer arbitration over litigation.

The results of a national poll of likely voters further support of this conclusion. The study of registered voters who can vote in the elections of 2008 found that 82 percent chose arbitration to resolve a serious dispute with a company, while only 15% chose litigation. Arbitration is fast becoming the preferred way for consumers and businesses to resolve legal disputes ....