What is the difference between mediation and arbitration?
Mediation and arbitration are two different dispute resolution processes commonly used in Delaware. The main difference is that mediation is a process where two parties attempt to reach an agreement with the help of a mediator. Mediation is nonbinding, which means that no legal decisions are made and that the parties can end the process at any time. On the other hand, arbitration is a process that is similar to a trial and is conducted by an arbitrator. During arbitration, both parties present their cases and the arbitrator makes a decision that is binding and legally enforceable. Another key difference is that mediation is voluntary, while arbitration is a process that must be agreed to by both parties before commencing. In arbitration, the arbitrator is a neutral third-party who has the authority to make a final decision on the dispute. This decision is legally binding and both parties are required to abide by it. On the other hand, mediation is an informal and collaborative process that allows the parties to reach a mutually agreed upon resolution. In conclusion, mediation is a voluntary process that uses a mediator to help the parties reach an agreement, whereas arbitration is a legally binding process that uses an arbitrator to make a decision and impose it on the parties.
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