What are the differences between mediation and arbitration in international litigation?

Mediation and arbitration are two common methods of resolving disputes and lawsuits in Massachusetts and across the world. While the two processes are often used in conjunction with one another, they are distinct methods of dispute resolution with important differences. Mediation is a process in which both parties come together in an effort to reach a mutually-satisfactory resolution with the assistance of a neutral third party. Mediators do not make judgments or rulings, rather they act as a facilitator between the two parties, helping to identify issues that may lead to a resolution. Generally, because it is a voluntary process, it is often not legally binding and the agreement must be submitted to a court for approval. Arbitration is different in that the third party, known as an arbitrator, acts as a judge, making binding decisions in the dispute between the two parties. This process is usually carried out in-person or through a video conference. This decision is binding and cannot be overturned by a court. In international litigation, both arbitration and mediation may be used. Generally, mediation is more cost-effective and provides the parties with more freedom and flexibility to negotiate a resolution, while arbitration can be quicker and can be used to resolve more complex cases, as the arbitrator is able to interpret the law and make a binding decision.

Related FAQs

What is a joinder of causes of action and when can it be used in international litigation?
What is a forum selection clause?
What is a motion for summary judgment in international litigation?
What is a class action in international litigation?
What is the role of foreign counsel in international litigation?
What are the principles of res judicata and stare decisis in international litigation?
What is an amicable settlement in international litigation?
What authority do international legal counselors have?
How do foreign laws impact the outcome of an international dispute?
What is a default judgment and when can it be used in international litigation?

What are the differences between mediation and arbitration in international litigation?

Related FAQs

Related Blog Posts