What is the difference between arbitration and mediation?

Arbitration and mediation are both forms of Alternative Dispute Resolution (ADR) law in Arizona. They are both used to resolve conflicts between two or more parties without going to trial in court. The primary difference between arbitration and mediation is the involvement of a third-party in the resolution process. In arbitration, an arbitrator is appointed to make decisions about the dispute and to settle it. The decision made in an arbitration is legally binding and legally enforceable. The arbitrator will listen to both sides of the dispute and make a decision based on the evidence presented. On the other hand, mediation does not involve a third-party decision-maker. The mediator instead acts as a neutral party to facilitate a resolution between the two parties to the conflict. The resolution reached is not legally binding and the mediator does not make decisions for the parties involved. Rather, the mediation process allows the parties to reach a compromise and to come to an agreement on their own. Both arbitration and mediation can be effective methods of settling disputes in Arizona. Depending on the situation, one may be more suitable than the other. It is important to understand the differences between the two before making a decision as to which route to take.

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