What is the difference between mediation and arbitration?
Mediation and arbitration are both methods of alternative dispute resolution (ADR) used to resolve legal disputes without going to court. The main difference between the two is that mediation involves negotiation and compromise, while arbitration is a more formal process. In mediation, a neutral third-party mediator helps the opposing sides come to an agreement through open communication, negotiation, and compromise. The mediator does not take sides or make decisions, and the parties to the dispute remain in control of the outcome. The mediator’s role is to help facilitate an agreement through creative problem-solving. On the other hand, arbitration is a more structured process in which parties present their case to a neutral third party, such as an arbitrator or panel of arbitrators, who will then decide the outcome. The arbitrator or panel of arbitrators will review the evidence and testimony and make a binding decision. In some cases, arbitration is binding and cannot be overturned by the courts. Indiana has adopted the Uniform Arbitration Act, which provides uniform rules for arbitration, including the parties’ rights and responsibilities, the powers of the arbitrator, and procedures for hearings. In short, mediation is a more informal process in which the parties are in control of the outcome, while arbitration is a more formal and structured process, with a third-party arbitrator or panel making a binding decision.
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