What is the difference between mediation and arbitration in small claims court?
Mediation and arbitration are two methods of resolving disputes in small claims court in Kansas. Mediation is a process in which a neutral third party, known as the mediator, works with both sides of the dispute to reach an agreement. The mediator does not have the power to make a decision, but instead helps the parties to come up with a resolution that they both can agree to. Arbitration, on the other hand, involves allowing a third party, called the arbitrator, to make a binding decision in the dispute. Both parties present their sides of the case, and the arbitrator makes a decision that is legally binding and enforceable. The decision of the arbitrator cannot be appealed. The main difference between mediation and arbitration is that with arbitration, an outside decision maker makes the decision, whereas with mediation, both sides come to their own agreement. In mediation, the process is collaborative and voluntary, while in arbitration it is non-collaborative and binding. Ultimately, whether to use mediation or arbitration in small claims court in Kansas depends on the circumstances of each individual case.
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