What is the difference between mediation and arbitration?

Mediation and arbitration are both methods of alternative dispute resolution (ADR). ADR is an alternative to litigation, or going to court. In Maryland, both mediation and arbitration are voluntary, meaning the parties choose to use the process, instead of a court deciding for them. Mediation is a form of negotiation involving an outside person, the mediator, who assists the parties by providing advice and suggestions to help them reach an agreement. The mediator does not take sides or make decisions; instead, they facilitate communication and aid the parties in reaching their own agreement. Arbitration is also an ADR process, but instead of facilitating negotiation, the arbitrator acts as a judge and makes a decision. The arbitrator is usually an expert in the area of the dispute, and acts as a neutral third party to listen to the facts and arguments of each side. The arbitration process typically follows the same procedures as a court trial, with each side presenting evidence, examining and cross-examining witnesses, and making their case to the arbitrator. The main difference between mediation and arbitration is that the mediator helps the parties reach an agreement, while the arbitrator makes a decision. Themediator is not involved in making the decision, while the arbitrator is. In both processes, the parties retain control over the outcome, but mediation leads to an agreement while arbitration leads to a decision.

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