Mediation vs. Arbitration
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Mediation and Arbitration are different processes with the same goal: a solution, a resolution, or a
plan that settles conflict or issues.
The processes are very different. In arbitration, there is an arbitrator or panel of arbitrators who will
function like a judge and render a decision. Before tendering the issue(s) to an arbitrator, the parties
determine whether the arbitrator's decision (called an award) will be binding upon them. Generally,
most parties choose binding arbitration.
In mediation, the individuals involved in the dispute make any and all decisions regarding how to
proceed or how to solve the issue or problem. The mediator facilitates discussions of solutions,
options, the sharing of information, and more to assist the parties with making a forward-looking plan
or settlement. Unlike arbitration, the mediation process has no guarantee that a complete or even a
partial agreement or solution will be reached. However, mediation's success rate in bringing parties
to a place that has enough of what they want and need is significant such that many times parties
forego continued litigation or conflict.
Mediation's success is shown in how many court systems now have mediation (or ADR) centers attached to them. Similarly, arbitration as a conflict
resolution process has gained significant traction with many corporate contracts and increasingly in the workplace for personnel disputes.
These processes success are often attributed to the fact that they largely are more private, faster, and cheaper than many litigation options. For more
information about these benefits, contact One Mediation's offices.
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