Difference Between Arbitration and Mediation

By: | Updated: Apr-8, 2022
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An arbitration is a method of dispute resolution where a neutral third party makes a decision in which both parties agree to abide by. The parties involved in the arbitration are usually the arbitrator and the parties who are disputing the issue.

Arbitration Mediation
An arbitration proceeding is an agreement between two parties, but the final decision is made by a third party. In mediation, each party sits down with a mediator who helps them find solutions that both of them can live with.
Third party has to have legal training. The mediator doesn’t have to have any legal training.
Resulting in binding decisions. Resulting in an agreed decision, not always binding.

Difference Between Arbitration and Mediation

An arbitrator is someone who has been selected to hear the case, and they make a decision that all parties must follow. If you find yourself in a situation where you have an issue with another person, it is important to seek out an arbitrator who has experience with the subject matter.

The party seeking arbitration will first decide if they want to settle their case through mediation or not. In mediation, both parties sit down with a mediator who helps them come up with a solution to their dispute and try to resolve it amicably.

The mediator does not make any decisions for either party, but will help guide them through the process of working together towards reaching an agreement that everyone can live with.

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It is common for individuals who have been through mediation to say that it was beneficial because they felt that they were given time and respect during the process, rather than being rushed into making decisions or pressured into giving up their rights.

If you find yourself involved in an arbitration proceeding against another person, you should keep in mind that they have the right to bring in an attorney to represent them. In addition, you may be entitled to file a claim against the person you are disputing with, if you have been wronged in some way. This means that your case could involve compensation for any damages or losses you have suffered.

While it is possible that you may find yourself going through arbitration or mediation at some point in your life, it is important to understand what it is and how it works before deciding whether or not to pursue it.

An arbitration proceeding is an agreement between two parties, but the final decision is made by a third party. An arbitrator will help you and your opponent come to an agreement, and the decision that they make will be binding on both parties.

A mediator helps the two disputing parties reach an agreement when they are unable to come up with a solution on their own. In mediation, each party sits down with a mediator who helps them find solutions that both of them can live with.

The mediator does not make any decisions for either party, but will help guide them through the process of working together towards reaching an agreement that everyone can live with.

A mediator is not required to have any legal training, but they must be able to listen to the arguments that each party presents and help them come up with a solution that they can both live with. It is important for a mediator to have experience with the subject matter of the case, as well as the personality of each of the parties involved.

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