Arbitration Vs Mediation-A Few Noticeable Differences

Legal procedures are often very technical and that is why the processes are often complicated as well. The role of the courts, lawyers, and advocates is becoming increasingly important. However, all legal disputes are not the same and that is why they require diverse treatments and that is why the implication of the terms like ‘arbitration’ and ‘mediation’ has increased rather significantly in recent years.

Also Read : Important things you should know about International Trade and Business Law

On many occasions, people consider these two terms rather close in terms of their applications. However, this is not true as there exist some differences between these two terms. When you make a study of the case for Arbitration vs mediation, you may find a few of the following differences:

• Mediation is collaborative by nature. It is a process that allows two parties to work together to reach an amicable and acceptable decision. Arbitration is argumentative in nature and it includes hectic court procedures.
• The method of mediation is somehow informal. On the other hand, arbitration is a formal procedure that is very much like a courtroom methodology.
• In mediation, the third-party entity plays the role of an implementer, so as to enable negotiation. On the other hand, the arbitrator works more like a judge to reach and announce a decision.
• In the mediation process, there can be only one mediator. In the case of arbitration, multiple arbitrators or a panel of specialist arbitrators can work to continue and complete the process of arbitration.
• The parties, involved in the process, have a whole switch on the mediation process and the outcome. On the contrary, the arbitrators have full control over the process of arbitration and its results.
• The consequence of the mediation process depends on the needs, rights, and interests of the involved parties. In arbitration, the decision rests on the facts and proof or witnesses presented before the chairing arbitrator.
• Mediation may or may not reach a result or an acceptable solution, but arbitration indeed finds an amicable solution to the matter.
• The mediation process ends when the mediators decide on a possible agreement after completing their proceedings. On the other hand, the process of arbitration ends when the decision is handed down to the warring parties.

Also Read : A Basic Concept Of Arbitration and Conciliation Act 1996

In case you need a better idea of the differences between Arbitration vs mediation. You must prefer speaking to the expert arbitration lawyers at a place near you. Speaking to the experts must bring you the best idea on both these legal procedures, called mediation and arbitration.

Full Audio : Listen Here