What is the difference between mediation and arbitration?

Mediation and arbitration are both legal processes used to resolve disputes between parties. However, there are some key differences between the two. Mediation is a form of alternative dispute resolution where parties may come to a voluntary agreement while working with a neutral, third-party mediator. The mediator is independent of both parties and their job is to help them reach a resolution to their dispute in a non-adversarial way. During the mediation process, the parties are in control of the outcome and come to an agreement of their own accord. Arbitration, in contrast, is a binding process in which two parties present their case to a third-party arbitrator or panel of arbitrators. The arbitrator makes a legally binding decision, similar to a court ruling, after reviewing both sides of the dispute. The arbitrator’s decision is final and can only be modified or overturned if either party can demonstrate that it was procured by fraud or is otherwise unfair. For Washington arbitration law specifically, the state has adopted the Uniform Arbitration Act, which governs the arbitration process in both civil and commercial disputes. This law outlines requirements and procedures for arbitration, including discovery, hearings, and awards.

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