What is the difference between mediation and negotiation?

Mediation and negotiation are two different methods of dispute resolution. Mediation is a process in which an impartial third party called a mediator facilitates discussions between parties in an attempt to settle a dispute without the need for a court trial. The mediator has no power to make decisions; instead, they help the parties negotiate to come to a mutually acceptable agreement. Negotiation is a process in which two parties attempt to reach an agreement on their own. In negotiation, each party has the power to make decisions and come to their own agreement without any outside help. In Hawaii, mediation is a common way to resolve disputes as mandated by law in certain cases. In some cases, the court will require the parties to attend mediation before proceeding with a court trial. The court-ordered mediator is usually appointed by the court and they act as a neutral third party to assist the parties in settling the dispute. Negotiation, on the other hand, is usually done outside of court without the help of a mediator. Negotiations are often done between the parties directly, or with the assistance of lawyers. Overall, both mediation and negotiation are effective methods to reach a mutually acceptable agreement without needing to go to court. However, the difference between the two is that mediation involves a neutral third party, while negotiation does not.

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What is the difference between mediation and negotiation?

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