Washington Business Daily

What is better Meditation, Negotiation, Arbitration for Prima facie case of Retaliation Circuit Court in MI?

What is better Meditation, Negotiation, Arbitration for Prima facie case of Retaliaton for a student against a college in Circuit Court in MI? Best answer receives the points. OCR have already found them at fault and they signed a Resolution Agreement.

Public Comments

1. Here's are the general (VERY general) differences among the three options: Negotiation: may or may not resolve the case, but you have nothing to lose in trying. Mediation: usually has a much better chance of resolving the case-- and, as in negotiation, both parties must agree to the result. Arbitration: Here the arbitrator has authority to decide the case whether you agree to his decision or not.
2. Trial by jury preserves your right to appeal if you are not satisfied with the result. Arbitration has no right to appeal. Your case will most likely be heard by three old white lawyers who have nothing in common with you and couldn't care less about you. Arbitration works well if both parties are of equal weight, i.e., an insurance company sues another insurance company. It sucks if one party is big like a HMO and the other party is little a HMO patient. If you don't like the result there is no appeal. Your stuck with the Arbitrators' decision. Mediation is good for small disputes. Sometimes it's used before trial to frame the issues. A good Mediator listens to each party's position and communicates it to the other party. This keeps the parties from getting into fist fights, etc. Negotiation is not a formal processes with fixed rules. It's an informal way for lawyers or people to try and come to terms with each other. Lawyers negotiate with insurance companies in the hopes of getting a good settlement instead of going through the long process of a trial which is expensive. The big advantage to a settlement is that you get your money faster and you avoid some court costs. But, the threat of going to trial is what drives insruance companies to give a decent settlement.