Litigation is something people usually try to avoid. It's expensive, time consuming, emotionally draining and the outcome is unpredictable. No matter how certain you are that you will prevail, you will never know until a judge or jury renders a decision. It is for these reasons that most attorneys will not take your case on a contingency basis. They will require a substantial retainer, and you will also be responsible for all of their expenses, such as filing fees.
This is particularly applicable to many cases involving classic and collectible cars, and that is why alternative forms of dispute resolution such as mediation and arbitration have become increasingly popular.
The goal of mediation is for an independent, neutral, third party to help those involved in a dispute come to resolution on their own. Rather than imposing a solution, a mediator works with both sides to explore the reasons for the conflict and assist in arriving at a resolution that is sustainable, voluntary, and non-binding.
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a decision. The decision is generally binding, confidential, and it can not be appealed.
Both mediation and arbitration tend to be much less expensive than litigation.
Mediation and arbitration can be very effective in saving both time and money in cases related to collectible cars. Common issues that can often benefit from these forms of dispute resolution may result from:
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