What is the difference between mediation and arbitration in small claims court?

Mediation and arbitration are two different ways of resolving conflicts in small claims court in Massachusetts. The most significant difference between the two is that while mediation involves both parties in the dispute working together to come to an agreement about a resolution, arbitration is a process in which a third party makes a decision about how the dispute should be resolved. In mediation, the parties involved in the dispute are expected to attempt to come to a resolution on their own, with the help of a mediator. The mediator has no authority to make decisions or dictate the outcome, only to facilitate communication and provide guidance. The outcome of mediation is non-binding, meaning the parties involved can choose to accept or reject the agreement reached through the process. Arbitration, on the other hand, is a process in which a neutral third party listens to both sides of the dispute, reviews relevant evidence, and makes a decision about the outcome. The decision made by the arbitrator is binding, which means that the parties involved must comply with the terms of the decision. In conclusion, the difference between mediation and arbitration in small claims court is that mediation is a cooperative process in which the parties involved attempt to come to an agreement with the help of a mediator, while arbitration is an adversarial process in which a third party makes a binding decision about the outcome of the dispute.

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