What is the difference between mediation and arbitration?

Mediation and arbitration are two different forms of alternative dispute resolution (ADR). Mediation is a process where a neutral third-party facilitates the negotiation of a resolution between two or more parties in dispute. The mediator does not make any decisions or render a judgment; rather, they help the parties work together to craft a mutual agreement. The mediator can suggest solutions and facilitate the conversation, but the actual decision-making and outcome is in the hands of the disputing parties. Arbitration is another form of ADR, where the disputing parties present their respective positions to a neutral third-party, who will make a decision based on the evidence presented. Unlike a mediation, the neutral third-party is the sole decision-maker and is responsible for rendering a final and binding resolution. The outcome of arbitration is binding upon the parties, and they cannot appeal the result. In Florida, there are specific laws governing the use of ADR techniques. The Florida Rules of Civil Procedure state that both parties must agree to either type of ADR for it to be finalized. It is also important to note that these proceedings may be confidential, meaning that the general public may not be aware of the resolution or process.

Related FAQs

What is a motion to compel or enforce discovery?
What is a discovery request?
What is a negligence per se claim?
What is a complaint?
How do courts determine damages?
What is a remittitur?
What is the difference between mediation and arbitration?
What is a motion for sanctions?
What is a motion for a temporary restraining order?
What is a motion for injunctive relief?

What is the difference between mediation and arbitration?

Related FAQs

Related Blog Posts