What is the difference between mediation and negotiation?

Mediation and negotiation are both methods for resolving disputes between two or more parties, but they differ in how they are conducted. Negotiation is when the parties involved in a dispute sit down with each other to discuss and negotiate a mutually beneficial resolution. The process usually involves taking turns making offers and counteroffers until the parties reach an agreement. Mediation, on the other hand, involves a third party known as a mediator. This mediator acts as a neutral party and helps facilitate a discussion between the two parties to resolve the dispute. The mediator will usually help the two parties explore different options and arrive at a resolution that is satisfactory to both of them. Unlike negotiation, the mediator does not make any decisions or rulings. Instead, the goal of mediation is to help the parties come to an agreement that they are both happy with. Mediation is often used in family law cases and other legal proceedings in Arizona. In these cases, a mediator can help the two parties come to a resolution faster and more efficiently than would be possible with negotiation alone.

Related FAQs

What types of disputes can be resolved via mediation?
How is the mediator's fee determined?
How can I ensure that my rights are enforced in a mediated settlement?
Are there any legal implications of mediation?
What are the consequences if the parties do not comply with the mediated agreement?
What are the procedural rules for mediation?
What is the role of the mediator in preventing parties from taking unfair advantage of each other?
Is there a difference between mediation and conciliation?
Is there a set timeline for when decisions should be made in mediation?
How should mediation be handled in a case with multiple parties?

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