Answer
Mediation is a process by which both sides of a conflict are assisted into finding a middle term, mediation is sometimes a negotiation with the difference that it is supervised by a person or authority empowered to oversight and lead the process.
When mediation fails, then the litigation or conflict may be placed under arbitration. This process is fully directed by a person or authority empowered as arbitrator who has in fact the same powers of a judge but limited to the conflict in question. Arbitration is not directed to find a middle term to be agreed by the sides but it is directed to conclude and impose a final decision or resolution of the conflict in the most fair possible way following justice and after hearing and studying the versions of both sides.
During mediation the sides in conflict have part in the final decision while in an arbitration they can only present their claims but have no part in the final decision.
Answer
Arbitration is commonly known as Alternative Dispute Resolution (ADR). It's a process where both sides come together and agree to follow and respect the decision of the arbitrator. The arbitrator is usually an attorney familiar with the field of law being decided. The decision of the arbitrator is legally binding against both parties.
Mediation is the process by which a neutral third party intervenes between two conflicting parties to promote reconciliation, settlement, or compromise. Mediation is an effective tool for resolving almost all civil (non-criminal) disputes. Mediation provides disputing parties with the opportunity to identify and cope with divisive interpersonal issues not originally thought to be part of the dispute.
Unlike an arbitrator, a mediator does not have the power to render a decision, and determine an award
Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.
On the face of it 'Arbitration' is just like a regular court with certain exceptions.
An Arbitrator derives his jurisdiction through the agreement of the parties. He has to judiciously decide on matters coming within the scope of the agreement. He has to follow the procedural law and rules laid down in the agreement. His decision on matters in Issue is called an "Award". An Arbitrators Award can be challenged in the court of law. However in most of the Jurisdictions an Award can not be appealed to on grounds of facts.
Mediation is much more informal in nature and a Mediator normally encourages the parties to arrive at a compromise on their own. He doesn't pass any orders etc. The parties finally draw a settlement or compromise agreement with the help and advice of the Mediator and file it in the Court of Law for execution. The final settlement can not be challenged in a court of law except for fraud & misrepresentation.
Arbitration is a process by which two parties can settle a dispute outside the traditional courtroom, while litigation is handled inside a court of law. With arbitration, lawyers may or may not be involved. In litigation, actions are typically brought before the judge via attorneys for the disputants.
Litigation is any lawsuit or other legal resort to the courts to determine a lawful question or matter.
Arbitration is a of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation.
Alternative Dispute Resolution ("ADR"), often referred to as "appropriate" dispute resolution, refers to a continuum of processes, such as conciliation,negotiation, arbitration, and mediation, used to manage conflicts between people and/or organizations before, during or after they have begun the litigation process.
Mediation is often described as a facilitated negotiation where the disputing parties engage the services of an impartial third party (the mediator) to help them engage in a conversation that may lead to a mutually acceptable solution. Most mediators believe that ethical mediation incorporates the ideas of voluntariness in participation, confidentiality in process, self-determination as to whether and how to "solve" the problem, and mediator neutrality. Mediation often attends to both factual and emotional components to a conflict.
This is a very brief description, and does not address substantial nuances and ethics of practice.
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The conventional wisdom among many business owners is that arbitration is more efficient than litigation, and that mandatory arbitration clauses should be included wherever possible.
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Group mediation is not considerably different from those mediations involving individuals. Mediation is the practice of dispute resolution between two or more Parties. The Parties can consist of individuals, groups of individuals, corporations, neighbors, etc. The fundamental structure of the mediation remains unchanged, regardless of Party structure. The mediation is conducted by a trained individual, or group of individuals, that specializes in dispute resolution. The Parties engage the mediation in a manner that allows each of the Parties to be heard, and seek a mutual resolution to the problem(s), through course of self-determination. Tennessee-Mediation.com Staff http://www.tennessee-mediation.com
An alternate answer.
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Alternative Dispute Resolution (commonly referred to as "ADR") is any means of settling a legal dispute without actually going to court. Mediation is a very common form of ADR, as is Arbitration (binding or not). There are other forms as well, and many courts require that some form of ADR is attempted before the case goes to trial. ADR is especially helpful for simple cases that can easily be decided without a judge and jury. Most mediators/arbitrators (persons acting as the judge and jury in mediation or arbitration, respectively) are themselves retired attorneys or judges. ADR involves many of the same things you would do in court (e.g., filing a brief of your argument), but without the formality and cost.
Though the two terms have a number of similarities, there are also some differences between conciliation and mediation, no matter which definition is used. In both cases, a neutral third party seeks to help two, or possibly more, opposing sides find a suitable resolution to a conflict. In some cases, the differences between conciliation and mediation definitions will determine how that neutral third-party acts. No universal definition currently exists for these alternative forms of dispute resolution, but there are still some distinct differences. In some cases and jurisdictions, the differences between conciliation and mediation are determined by the amount of power the third party has. In mediation, the mediator will facilitate a discussion between the parties, and may or may not offer opinions on the strength of each side's argument. When no opinion is offered, it is called facilitative mediation. In cases where an opinion is offered, it is evaluative mediation. Overall, no matter which method is chosen, the mediator still does not have the right to impose his or her will on the two parties. This could be the major difference based on some definitions of conciliation and mediation. For example, a conciliator will not only offer an opinion on the relative strengths of the case, but also issue a binding opinion, if the parties agree to that ahead of time. The opinion offered is likely to be based on the law, but may factor in other less concrete considerations if the parties agree. This type of dispute resolution process is often more formal, simply because the decision will be binding, at least on a temporary basis. In some localities, the difference between conciliation and mediation is the same as the difference between facilitative mediation and evaluative mediation. In other words, under this definition of conciliation, the conciliator can still offer an opinion, but that opinion has no legal weight, though it may be based on legal concepts. Therefore, unless the parties agree, the conciliator's opinion makes no difference, but it may be used by one party or the other in court to bolster a case. No matter what definition is used, the major difference between conciliation and mediation ultimately is the power of the third party. In all cases, conciliation gives slightly more power to the third party than the mediation. Conciliation or mediation may be ordered by the court system as a way of resolving disputes and relieving some of the pressure on court calendars. This is especially true in the case of marriage dissolution in some countries, though it could also be used for labour disputes, or nearly any type of contract disagreement.
Though the two terms have a number of similarities, there are also some differences between conciliation and mediation, no matter which definition is used. In both cases, a neutral third party seeks to help two, or possibly more, opposing sides find a suitable resolution to a conflict. In some cases, the differences between conciliation and mediation definitions will determine how that neutral third-party acts. No universal definition currently exists for these alternative forms of dispute resolution, but there are still some distinct differences. In some cases and jurisdictions, the differences between conciliation and mediation are determined by the amount of power the third party has. In mediation, the mediator will facilitate a discussion between the parties, and may or may not offer opinions on the strength of each side's argument. When no opinion is offered, it is called facilitative mediation. In cases where an opinion is offered, it is evaluative mediation. Overall, no matter which method is chosen, the mediator still does not have the right to impose his or her will on the two parties. This could be the major difference based on some definitions of conciliation and mediation. For example, a conciliator will not only offer an opinion on the relative strengths of the case, but also issue a binding opinion, if the parties agree to that ahead of time. The opinion offered is likely to be based on the law, but may factor in other less concrete considerations if the parties agree. This type of dispute resolution process is often more formal, simply because the decision will be binding, at least on a temporary basis. In some localities, the difference between conciliation and mediation is the same as the difference between facilitative mediation and evaluative mediation. In other words, under this definition of conciliation, the conciliator can still offer an opinion, but that opinion has no legal weight, though it may be based on legal concepts. Therefore, unless the parties agree, the conciliator's opinion makes no difference, but it may be used by one party or the other in court to bolster a case. No matter what definition is used, the major difference between conciliation and mediation ultimately is the power of the third party. In all cases, conciliation gives slightly more power to the third party than the mediation. Conciliation or mediation may be ordered by the court system as a way of resolving disputes and relieving some of the pressure on court calendars. This is especially true in the case of marriage dissolution in some countries, though it could also be used for labour disputes, or nearly any type of contract disagreement.
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