What are the differences between arbitration and mediation?

Arbitration and Mediation are both types of Alternative Dispute Resolution (ADR). ADR involves the use of a neutral third party that helps the two sides of a dispute to reach a mutually agreeable settlement. In Arkansas, both arbitration and mediation are accepted by courts and are used to resolve civil matters without the need for costly and time consuming trials. Arbitration is a process in which a neutral third party, usually an attorney or a retired judge, listens to both sides of a dispute and renders a binding decision. The decision of the arbitrator is final and cannot be appealed in court, although either party in the dispute can petition the court to review the decision if it believes errors or misconduct occurred in the process. Mediation is different from arbitration in that it does not involve a binding decision. The mediator instead helps the parties come to a voluntary agreement. The mediator remains neutral throughout the process and does not make any decisions. The mediator acts as a go-between to facilitate dialogue and help the parties reach a resolution that they both can agree upon. In conclusion, the main difference between arbitration and mediation is that arbitration involves a binding decision by a neutral third party, while mediation involves a voluntary agreement between the parties with the help of a non-partisan mediator. Both processes can be used in Arkansas in order to resolve civil disputes without having to go to court.

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What are the differences between arbitration and mediation?

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