The difference between a deposition, mediation, arbitration and trial comes down to purpose and who decides. A deposition gathers sworn testimony before trial. Mediation helps the parties reach their own resolution. Arbitration lets a private arbitrator decide the dispute outside of court, and a trial puts the decision in the hands of a judge or jury.
| Process | Purpose | Who participates or decides |
|---|---|---|
| Deposition | Gather sworn testimony before trial, as part of discovery | A witness answers the lawyers’ questions under oath while a court reporter records every word. No one decides the case. |
| Mediation | Help the parties negotiate their own resolution | A neutral mediator guides the talks. The parties decide whether to settle. |
| Arbitration | Resolve the dispute outside of court | One or more arbitrators hear the facts and testimony and make a binding decision. |
| Trial | Resolve the dispute in court | An impartial judge or jury hears the evidence and decides. |
When you’re involved in a legal dispute, it’s easy to become confused by the various legal terms that glide off your lawyer’s tongue. Here is a brief overview of four common legal terms you may encounter.
Deposition
A deposition is part of a civil lawsuit’s pre-trial process known as “discovery.” Depositions allow both parties to discover more information about the case from key witnesses. During a deposition, a lawyer asks the witness a series of questions about events and facts relevant to the case. The witness’s responses are taken under oath and recorded word-for-word by a court reporter. Lawyers for both sides are present during the deposition, usually in one of the attorney’s offices.
The witness’s testimony allows the lawyers to better understand the strengths and weaknesses of their case. Depositions are also valuable for holding witnesses accountable for their statements, especially if they change their story during the trial. A witness who fails to tell the truth during a deposition risks civil or criminal penalties.
Read more: Personal Injury Depositions: How to Prepare
Mediation
Mediation is an alternative dispute resolution process many people use to avoid going to trial in a civil dispute. In mediation, a neutral third-party facilitator, known as a mediator, helps the parties negotiate a resolution to the legal issue. The mediator helps the parties identify solutions by asking questions, reframing problems, seeking concessions, and clarifying misunderstandings. Many parties prefer mediation as it is less hostile, expensive, and time-consuming than litigation. If mediation fails, the parties can proceed with traditional litigation that permits a judge or jury to resolve the matter.
Arbitration
Like mediation, arbitration is a form of alternative dispute resolution for civil disputes. In an arbitration proceeding, the parties agree to submit their dispute to one or more arbitrators who will make a binding decision based on the facts and testimonies presented. Many parties in dispute choose arbitration because, unlike court proceedings, it is a private and confidential process. The parties also have control over some aspects of the arbitration, such as who will serve as an arbitrator, applicable law, the venue of the arbitration, and which language will be used. Arbitration is a popular option for organizations involved in an international dispute.
Read more: Arbitration Clauses and Injury Claims: Think Twice Before You Agree
Trial
A trial is a legal process where the parties argue their case before an impartial judge or jury (adjudicators). In a trial, the adjudicator will decide whether a defendant has committed the criminal or civil violation they’re accused of. The adjudicator’s decision must be based exclusively on the evidence presented during the trial, including documents and witness testimony. Trials are expensive and time-consuming processes and emotionally exhausting for all parties. However, sometimes they are the only feasible and fair way to resolve a dispute.
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Talk to Greer Law Group About Your Case
If you’re facing a potential legal dispute in Colorado, don’t try to figure the issue out alone. Speak with a caring attorney as soon as possible. Call our office at 303-331-6460 or contact us online to get answers to your questions and start down the path to resolution.
