What are the differences between arbitration and mediation?
Arbitration and mediation are two forms of Alternative Dispute Resolution (ADR), which are used as an alternative to pursuing a lawsuit to resolve a dispute. Both arbitration and mediation are designed to help the parties involved in a dispute come to an agreement without the need to take the matter to court. Arbitration is a process in which each side in the dispute presents their argument to an arbitrator, who then makes a decision about the dispute. The arbitrator is typically a third-party expert in the field of the dispute, and is appointed by the parties in the dispute or by the court. The decision rendered by the arbitrator is legally binding, meaning that it can be enforced by the court if necessary. Mediation, on the other hand, is a less formal process. Instead of an arbitrator, the parties involved in the dispute present their case to a mediator, who helps the parties come to an agreement on their own. The mediator is not a decision-maker, but rather a neutral third-party who helps the parties involved in the dispute come to a resolution. The mediator helps the parties come to a mutually agreeable solution, which is not legally binding. In summary, arbitration is used to make a decision about the dispute, and the decision can be legally binding. Mediation, on the other hand, is used to help the parties involved in the dispute come to a mutually agreed upon solution, and the agreement is not legally binding.
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