Comparing Your Dispute Resolution Options
The chart below compares the dispute resolution options available to you. Your best option for handling each issue is highlighted for your consideration.
| ISSUE: | Adjudication (Intelligent Justice) | Public Court Litigation | Arbitration | Mediation |
|---|---|---|---|---|
| Start of Trial | Your adjudication commences immediately. Adjudicator identifies relevant evidence, examines witnesses and decides the dispute. | Trial starts 2 - 4 yrs. after complaint is filed. | Arbitration starts 2 - 12 mos. after demand is filed. Can be delayed by disputes. | No trial. All parties must compromise or mediation fails. |
| Cost of Obtaining a Just Result | The parties split the cost of retaining an Adjudicator instead of hiring separate counsel to perform duplicative work. The Adjudicator focuses on the merits of the dispute. Intelligent Justice guarantees a just resolution at half the cost of public court litigation. Payment is made in capped monthly installments. | Public court litigation is the most inefficient and costly option. The parties retain hired adversaries who waste substantial resources on strategic maneuvering, useless side disputes and duplicative work. Monthly cost fluctuates dramatically. | Arbitration is more expensive than adjudication but is less costly than litigation if the parties are willing to forfeit discovery and important safeguards. The parties must pay the Arbitrators in addition to their own legal counsel. | A just result is not possible. Mediation will fail unless all parties make substantial compromises, including the party who deserves to win |
| Risk of an Unjust Result | Adjudication provides the best option for those seeking true justice. The parties are able to jointly select an Adjudicator based upon his or her reputation for fairness, honesty, impartiality, thoroughness and analytical ability. The parties may also agree to an expedited appeal process. | The parties must live with the judge that is assigned to them and overcome the biases and untested legal skills of a lay jury. | The parties can select their arbitrators but often must give up fact discovery, important safeguards and most rights of appeal. Legal error by the arbitrator cannot be appealed. | A just result is not possible. Mediation will fail unless all parties make substantial compromises, including the party who deserves to win |
| Cost of Reviewing Documents Prior to Production in Discovery | Production of documents to the Adjudicator is limited to relevant evidence. Subpoenas used whenever necessary. | Parties incur huge cost and delay so their attorneys can filter out irrelevant or privileged documents before production to opposing parties. | Document discovery is non-existent or very limited. Parties often can't get needed evidence. Limited production suffers from same problems as litigation option. | No discovery process in mediation. The parties often incur cost of discovery in advance of mediation. |
| Depositions | Adjudicator's examinations of witnesses under oath serve as both discovery depositions and trial testimony at the same time. Questions are focused on the issues. No need for parties to prepare witnesses in advance of testimony. | Litigation depositions are far too lengthy and unfocused. Fearing abusive tactics, attorneys often waste time and expense "preparing" the witnesses for testimony. | Depositions often are not permitted or very limited. Parties often can't get needed discovery of evidence. | No discovery process in mediation. The parties often incur cost of discovery in advance of mediation. |
| Discovery Disputes | Disputes are very rare. Parties are motivated to cooperate with the Adjudicator's requests for evidence because they cannot win if the evidence is withheld. Negative inferences drawn from a party's failure to provide needed evidence can be used to support the Adjudicator's decision. | The parties often incur huge costs due to discovery disputes which consume a large percentage of the attorneys' time and effort. | When discovery is permitted the parties often incur huge costs due to discovery disputes which consume a large percentage of the attorneys' time and effort. | No discovery process in mediation. The parties often incur cost of discovery in advance of mediation. |
| Procedural Motions | No time is wasted with procedural motions or tactical maneuvering. The Adjudicator simply follows the Intelligent Justice Adjudication Rules and Procedure. | The parties often incur huge costs and delays as their attorneys maneuver for tactical advantage with motions that have little to do with the merits of the dispute. | The parties often battle over the arbitrability of the dispute before the arbitration even commences. Other procedural battles also are common. | The parties often incur the expense of procedural motions in advance of mediation. |
| Dispositive Motions | No time is wasted with motions to dismiss or for summary judgment. Meritless claims or defenses are simply rejected by the Adjudicator promptly after review of the law and evidence. | The parties often incur huge costs and delays as their attorneys pursue complicated motions to dismiss and motions for summary judgment which frequently fail. | Arbitrators are increasingly allowing parties to pursue dispositive motions which suffer from the same problems as motions to a court. | The parties often incur the expense of dispositive motions in advance of mediation. |
| Evidentiary Motions | No time is wasted with evidentiary motions. The Adjudicator simply rules on the admissibility of evidence as it is reviewed at the outset. The Adjudicator decides the case based entirely upon the documents and testimony that is admitted into evidence. | The parties often incur huge costs as their attorneys battle over the admissibility of evidence in advance of trial ("in limine" motions) or at trial. | Arbitrators are not required to follow the rules of evidence and consideration of inadmissible evidence is not grounds for appeal. Nevertheless, the attorneys still battle over evidence issues. | Admissability of evidence is rarely an issue in mediation. |
| Trial Witnesses | Adjudicator personally examines witnesses under oath wherever they are found. | Witnesses outside of the geographic range of court's subpoena power do not appear in person at trial. | Witnesses outside of the geographic range of subpoena power do not appear in person. | No trial. All parties must compromise or the mediation fails. |
| Confidential Material | Proprietary materials are protected from disclosure by protective order. All other aspects of the adjudication also are held in confidence except the facts used in the Adjudicator's decision. | Proprietary materials are protected from disclosure by protective order although this often is the subject of dispute. Public court trials generally are open to the public. | Arbitrations often are conducted on a confidential basis. | Mediations often are conducted on a confidential basis. |
| Appeal | The parties may choose in advance to make the decision of the Adjudicator final or allow an expedited appeal to a private appellate specialist. | At least one appeal is always permitted but it often takes several additional years to complete the appellate process. | Statutory right of appeal is extremely limited. Legal error by the Arbitrator or failure to abide by the rules of evidence is not a valid basis for appeal. | Not applicable. |
| Settlement | The parties can settle their dispute any time during the adjudication process with or without the assistance of their separate counsel. However, the Adjudicator must remain neutral and cannot advise the parties on settlement or participate in the negotiations. | The parties can settle their dispute any time during the litigation process. | The parties can settle their dispute any time during the arbitration process. | Mediation is the best method of reaching a settlement for parties willing to make substantial compromises |
| Parties Who Prefer An Adversary Process | The adjudication process is designed to eliminate the cost and inefficiency of a public court system that requires hired adversaries. However, the parties are free to retain separate counsel to monitor the process if they so desire. | The public court system is designed around the use of hired adversaries to litigate disputes. | The parties in an arbitration generally retain separate counsel to represent them. | The parties in a mediation generally retain separate counsel to represent them. |
| Parties Who Prefer a Costly and Lengthy Process. | The adjudication process is designed to minimize cost and delay. | Parties who expect to lose may prefer to exploit the high cost and long delays of the public court system to coerce a settlement. | Arbitration is more costly than an adjudication but often is less costly than public court litigation. | The high cost and long delays of the litigation process often are used to force a compromise in the mediation process. |
