What is the difference between mediation and arbitration?

Mediation and arbitration are two processes used in civil procedure to settle disputes between two or more parties. The main difference between the two is who is responsible for making the decision. In mediation, an impartial third party called a mediator helps both sides to negotiate and come to an agreement, but the parties involved are the ones who actually decide the outcome. In arbitration, the parties present their version of the dispute to an arbitrator, who then decides the outcome. Mediation is generally used to settle disputes without litigation and is a voluntary process, while arbitration is more formal and is used when the parties cannot reach an agreement. Mediation is typically more cost-effective than arbitration and is usually faster, while arbitration typically takes longer and is more expensive. Mediation also allows for more flexibility as the parties can come to their own mutually agreed-upon solution, while arbitration is a binding decision. In Indiana, mediation and arbitration are authorized by law and are commonly used in civil procedure. A court might order one of these processes if the parties are unable to come to an agreement in a dispute. It is important to understand the differences between the two, so that you can choose the appropriate process for your particular situation.

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