What is the Difference between a Deposition, Mediation and Arbitration?
A deposition is sworn testimony provided in a question-and-answer format. A court reporter is present to transcribe everything that is said (the testimony) and then compiles the testimony into the “record” to be used later at trial. If any testimony differs later at trial, such difference can be pointed out to the fact-finder, and may damage the credibility of the witness. Depositions are generally taken of all parties to a lawsuit, as well as those of significant fact-witnesses. There are also perpetuation depositions, which consist of testimony taken from a witness that will be unavailable at trial. For example, if it is contemplated that a witness may die before trial, then the witness’ testimony would be perpetuated, and the transcript read at trial, in lieu of the witness’ personal appearance.
