What is the difference between mediation and arbitration in small claims court?
Mediation and arbitration are two different methods of resolving a dispute in small claims court in Utah. Both of these methods can be used to resolve legal disputes without the need for a full trial. Mediation is a process in which parties to a dispute work with a neutral third-party mediator to try to reach an agreement. The mediator works to facilitate a resolution of the dispute by helping the parties communicate and come to a mutual understanding. The mediator does not have the authority to decide the outcome of the dispute, and any agreement reached by the parties is not binding. Arbitration is a process in which parties to a dispute appoint an arbitrator to hear and decide the dispute. The arbitrator has the authority to make a ruling on the dispute and to decide which party is entitled to compensation or other relief. Unlike with mediation, the arbitrator’s ruling is binding and must be followed by the parties. The main difference between mediation and arbitration is that mediation is a voluntary process and the outcome is not binding, while arbitration is a legally binding process and the outcome must be followed. Additionally, mediation is often a faster and more cost-effective way to resolve a legal dispute than arbitration.
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