What is the difference between arbitration and mediation in insurance litigation cases?

The primary difference between arbitration and mediation in insurance litigation cases is the role of the third-party facilitator. In arbitration, the third-party facilitator acts as a judge and renders a decision, while in mediation the facilitator works to help both parties find a mutually acceptable resolution. In arbitration, both parties in the case have the opportunity to present evidence and arguments to a neutral third-party arbitrator who will make a binding decision on the matter. Once the arbitrator has heard the arguments and reviewed the evidence, they will make a legally binding decision on the case. This decision is final and cannot be appealed. In mediation, the third-party facilitator will act as an impartial mediator to help the parties reach an agreement. The mediator will listen to both sides, provide guidance and help each party reach a resolution they are both satisfied with. Unlike arbitration, any agreement reached through mediation is not binding in a court of law. In Washington, mediation is often preferred to arbitration in insurance litigation cases, as the parties may be able to come to a resolution more quickly, and with less expense, than going through the formal arbitration process. Mediation also allows the parties to maintain more control over any agreement that is reached.

Related FAQs

What legal remedies are available to those injured by an insurance company?
What is a motion to quash in an insurance litigation case?
What is insurance litigation law?
What is a declaratory judgment action in an insurance litigation case?
What is the purpose of a non-waiver agreement in an insurance litigation case?
What should I know about insurance adjusters in insurance litigation cases?
What is a motion for reconsideration in an insurance litigation case?
What is "setoff" in an insurance litigation case?
What is the discovery process in insurance litigation cases?
What is the difference between breach of contract and bad faith insurance claims?

What is the difference between arbitration and mediation in insurance litigation cases?

Related FAQs

Related Blog Posts