What is the relationship between securities arbitration and mediation?

Securities arbitration and mediation are both forms of alternative dispute resolution (ADR), which are processes used to resolve legal conflicts outside of a court of law. In other words, they are alternative routes to settling financial disputes. Parties facing a financial conflict can opt to use ADR when they would rather avoid lengthy and expensive court procedures. Securities arbitration is a process in which a neutral arbitrator or panel of arbitrators listens to both sides of a dispute and decides the outcome. The parties agree ahead of time to be bound by the arbitrator’s decision, which is legally binding. Mediation is a process in which a neutral third-party mediator helps the parties involved in a dispute to reach a mutually acceptable solution. The mediator does not issue a binding decision, but rather helps the parties to come to an agreement on their own. In North Carolina, the North Carolina Business Court provides both securities arbitration and mediation services. This allows for parties to select an appropriate ADR method to resolve their dispute, depending on the particular circumstances of their case.

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