What is the difference between mediation and negotiation?

Mediation and negotiation are two similar yet distinct forms of dispute resolution. They both involve parties coming together to try and settle a dispute, but they differ in the role of the third-party mediator. In negotiation, the parties work together without the help of a mediator or arbitrator to reach an agreement. This process is usually conducted informally with the parties talking and making proposals until they reach a final agreement. Mediation, on the other hand, involves the intervention of a third party. This third-party mediator is a neutral facilitator who helps both parties communicate and negotiate effectively towards finding a mutually beneficial and satisfactory solution. The mediator helps the parties devise their own settlement so as to avoid the lengthy and costly litigation process. In North Carolina, the Mediation Law provides a framework for the mediation process. It outlines the qualifications of the mediator, the powers and duties of the mediator, information and evidence to be considered in the process, and the protection of parties during mediation. Overall, the main difference between mediation and negotiation is the presence of a third-party neutral mediator. This mediator facilitates the communication between the parties and works with them to find a mutually acceptable solution. With the help of the Mediation Law of North Carolina, the process is structured and efficient.

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What is the difference between mediation and negotiation?

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