Mediation is a great way to reach a collaborative settlement. Arbitration, on the other hand, is a good way to conclude a dispute in a more definitive manner. Both methods have advantages and disadvantages. Mediation involves more time and money, while arbitration requires less time. Mediation is often the most successful option for many types of disputes, including business disputes and personal disputes.
In mediation, a neutral third party (usually a lawyer) assists the parties in reaching a resolution. A mediator does not make any decisions, but he or she listens to both sides and provides suggestions. Mediation is much less intimidating than courtroom proceedings, so you may want to give it a try.
The downside of mediation is its lack of structure. Mediation focuses on the parties’ ideas, rather than following rules. This may be difficult for parties who need more direction. Furthermore, the process can be messy. Ultimately, mediation is a better option for most people.
While mediation and arbitration are similar in terms of purpose, they have fundamental differences. While mediation is more informal, arbitration is more formal and binding. It involves a third party, usually a lawyer, and it usually involves a binding agreement. In arbitration, the third party, usually a lawyer, will make a decision based on facts and law. The result of this process is a solution or reward for one party.
The differences between mediation and arbitration are very important for resolving a dispute. Arbitration is typically used for legal disputes involving companies. Companies often stipulate that they cannot be sued via class action lawsuit. The arbitrator must have extensive knowledge in the area in which the dispute is occurring.
Arbitration can lead to more equitable results. The third-party arbitrators in arbitration have greater discretion than judges and can issue awards that are outside of the typical assignment of liability. Arbitrators may also order a party to pay money, perform a task, or stop doing something. While this is not the case in mediation, it is still possible to reach a mutually acceptable result through the mediation process.
In contrast, mediation is less formal and private than arbitration. Both processes are fast and less expensive than litigation. In addition, parties to a dispute can engage in mediation at any time during the process. In addition, mediation is a less intimidating environment than a courtroom.
Mediation can be a good choice when you can’t decide between court litigation and arbitration. However, you should consult a lawyer before settling in mediation. You can find a good mediator through your local courts or through a state-specific mediation organization. The process can last a few hours or several meetings. During the process, the mediator will use language and tactics to encourage the parties to communicate their viewpoints.
