What are the differences between arbitration and mediation?

Arbitration and mediation are both forms of Alternative Dispute Resolution (ADR) law which are used to resolve disputes, typically involving civil disputes such as contract disputes, but can also be used for criminal cases. Although both are used to resolve disputes, there are some differences between them. Arbitration is a more formal process than mediation, and is similar to a trial in many ways. It is typically presided over by a third party who is an expert in the subject matter of the dispute, known as an arbitrator. The parties in arbitration usually have their own attorneys, and both sides present evidence to the arbitrator. The arbitrator then makes a binding decision as to how the matter should be resolved. On the other hand, mediation is a less formal process whereby the parties in dispute are assisted by a mediator in coming to a mutual agreement. The mediator does not make any decision about the dispute, instead helping the parties to understand each other and find an agreeable solution. The solution does not have to be binding and can be changed if either party decides to do so. In conclusion, arbitration and mediation are both used to resolve disputes and are forms of ADR law in California. Arbitration is a more formal process where a third party, the arbitrator, hears the evidence and makes a binding decision. On the other hand, mediation is a less formal process where a mediator assists the parties in coming to a mutually agreeable solution without making any decision.

Related FAQs

What is the cost of using alternative dispute resolution?
How do international arbitration awards differ from domestic arbitration awards?
What is the role of the mediator in an alternative dispute resolution process?
What is mediation?
What are the benefits of alternative dispute resolution?
What is the process for selecting an arbitrator?
What happens if a party fails to comply with an arbitration award?
What is the process for selecting a mediator?
What types of evidence can be presented at a collaborative law process?
What is the role of the arbitrator in an alternative dispute resolution process?

What are the differences between arbitration and mediation?

Related FAQs

Related Blog Posts