The technique utilized to resolve your disagreement is the major distinction between mediation and arbitration. Both choices will assist you in resolving a legal matter outside of the usual court system, but they will do it in two distinct ways. Mediation and arbitration are both types of alternative dispute resolution (ADR), which means they are alternatives to the costly and time-consuming litigation of a long court fight. Mediation and arbitration are similar in that they bring parties in conflict together outside of the courtroom to settle a dispute, but each has its own approach.
Mediation is a non-binding method in which a single mediator does not judge the case but instead fosters conversation and ultimate settlement of the disagreement.
Arbitration: a binding procedure that substitutes the complete trial process by appointing numerous (sometimes three) judges to hear your case.
Arbitration is usually performed by a panel of numerous arbitrators who act as judges, making evidentiary rulings and providing written opinions (which can be binding or non-binding). Although one arbitrator is occasionally used, the most frequent method is for each party to choose their own arbiter. The two arbitrators then choose a third arbitrator, and the dispute is then submitted to the three arbitrators. A majority vote is used to make decisions.
Arbitration and mediation are both alternatives to conventional litigation, and they are occasionally used in combination with litigation (opposing parties may first try to negotiate, and if that fails, move forward to trial). Arbitration and mediation both use a neutral third party to monitor the process and may be legally binding.
Mediation’s Success in Modern Litigation
Litigation is something that most individuals want to avoid. It’s costly, time-consuming, emotionally demanding, and unpredictable — you never know what will happen until a judge or jury resolves the case. Alternative conflict resolution, such as arbitration and mediation, has grown in popularity as litigation has become more inefficient for most of us. However, before proceeding with alternative conflict resolution options, you should understand the differences between arbitration and mediation.
Mediation is becoming more common as a crucial aspect of the legal process. In Florida, for example, practically all cases must be mediated before a judge would allow them to be scheduled for trial. According to the Florida Senate, the rationale for this requirement is because mediation has been shown to reduce court dockets and trials, and is a more efficient and cost-effective alternative to litigation.
Because the parties are brought together in an atmosphere where they may freely and privately communicate their positions in front of a neutral third party, mediation has such a high success rate. Mediation is to narrow down the problems and put them into context. Participants typically feel considerably better after being able to “get things off their chest,” and they also benefit from hearing the other party’s perspective. Once both parties have viewed all of the problems in a fair light, the impartiality and more relaxed environment of mediation may reduce the motivation to pursue confrontational litigation. Visit the Mediation Centre to make your choice