What are the differences between arbitration and mediation?

Arbitration and mediation are both forms of alternative dispute resolution (ADR), a process used to resolve disputes outside of the traditional courtroom setting. In Washington, ADR law is governed by the Revised Code of Washington (RCW) and the Washington State Bar Association. Arbitration is a process that uses a third-party neutral to settle a dispute. The arbitrator will listen to each side’s arguments and evidence and then make a binding decision. The decision is legally binding and can be enforced by a judge in court if necessary. Mediation is also a form of ADR, but the role of the third-party neutral is to facilitate a compromise between the two parties. The mediator does not make a decision but instead acts as a facilitator between the two sides in order to help them reach an agreement that both parties find acceptable. Unlike arbitration, the outcome of the mediation is not legally binding and cannot be enforced by a judge in court. In conclusion, the main difference between arbitration and mediation is the role of the third-party neutral. In arbitration, the arbitrator is responsible for making a legally binding decision. In mediation, the neutral serves to facilitate a compromise between the two parties and the outcome is not legally binding.

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