How does mediation differ from arbitration?

Mediation and arbitration are similar in that they are both methods of resolving legal disputes outside of court. However, mediation and arbitration differ in how they are conducted. Mediation is a process that involves a trained mediator who listens to both sides of the dispute, identifies the issues that need to be resolved, and encourages the parties to negotiate and reach a resolution. Mediators do not make any decisions or awards; their role is to help the parties come to a mutually satisfactory agreement. The mediator is impartial and does not take sides; instead, they provide an impartial third-party perspective on the dispute. Arbitration, on the other hand, involves a third-party arbitrator who listens to the facts of the case and makes a binding decision about the dispute. In an arbitration, the arbitrator takes the place of the court, and their decision is final and binding. An arbitrator can decide on the outcome of the case without the parties having to agree on it. In North Carolina, mediation is required in certain types of cases and it is preferred in many others. Mediation is often seen as a less expensive and more efficient way to solve legal disputes than going to court, and it can help the parties reach an agreement without the need for a court decision. Arbitration, on the other hand, is typically used when the parties cannot agree on a resolution through mediation and the case must be decided by a third-party.

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