Understanding Legal Avenues: Mediation, Arbitration, Litigation
Mediation, Arbitration, and Litigation—Oh my!
Hi, my name is Carl Birkhead. I’m a Tulsa criminal defense law attorney with the Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help make the law easy by explaining the differences between mediation, arbitration, and litigation.
Litigation: What It Really Looks Like
Let’s start with litigation. Litigation is what most people picture from TV shows—attorneys in court arguing before a judge or jury. While it’s not usually as dramatic as “You can’t handle the truth!” or what you see on Law & Order, litigation is exactly that: both sides presenting their case in front of a judge or jury, hoping to win.
Delving into Arbitration
Arbitration is similar but a little different. Instead of a courtroom, it usually takes place in an office setting. There’s no jury, just an arbitrator who serves as the decision-maker. It’s less public, more confidential, but still very formal—you’ll present witnesses, introduce evidence, and often have a court reporter.
Essentially, you’re asking an arbitrator to step into the judge’s role and decide the case. Arbitration usually requires both parties to agree to it, and while it’s common in business, contract, or real estate disputes, it’s rare in family or criminal cases.
The Benefits of Mediation
Mediation, on the other hand, is very different. Mediation is the one place where you have control over the outcome. Instead of turning the decision over to a judge, jury, or arbitrator, you and the other party sit down—each with your attorney—while a neutral mediator goes back and forth between you.
This is your chance to take the reins. You get to decide if, when, and how to settle, and on what terms. You’ll never have more power in your case than you do at mediation, which is why I always encourage clients to take it seriously. Understand everything that’s happening, listen to your lawyer’s advice, and ask questions if you’re uncertain.
Choosing the Right Path
If you have questions about which option—mediation, arbitration, or litigation—might be best for your situation, give me a call. We’ll sit down, review your case, and figure out the best path forward.
My name is Carl Birkhead. I’m a Tulsa family law attorney with the Wirth Law Office, and I want to help you make law easy.
Schedule Your Strategy Session Today
Interested in learning more about your legal options? Contact me for a low-cost initial strategy session. Call 918-879-1681 today, and let’s find the best solution for you.
