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

Arbitration and mediation are both common methods for resolving disputes in insurance litigation cases in West Virginia. Arbitration is a form of alternative dispute resolution in which the parties involved in a dispute agree to have their dispute heard and settled by a neutral third-party arbitrator. In arbitration, the parties present evidence and arguments to the arbitrator, who then makes a binding decision that is legally enforceable. Mediation is also an alternative dispute resolution process, but it is different from arbitration in that it is more collaborative. In mediation, the parties involved in a dispute work together with a neutral third-party mediator to identify a mutually acceptable resolution to their dispute. Unlike arbitration, the mediator does not impose a binding decision, rather the parties are encouraged to find a solution on their own that both parties are happy with. The mediator acts as an impartial facilitator of the process, helping the parties to work together to find an acceptable solution. In conclusion, the primary difference between arbitration and mediation in insurance litigation cases in West Virginia is that arbitration involves a binding decision while mediation involves a more collaborative approach, allowing the parties to come to an agreement on their own.

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

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