Arbitration And Mediation: Their Similarities And Differences

If 2 disputing parties failed to agree on the terms of a settlement, that setback would not mean, necessarily, that both of them should prepare for litigation. If both parties were in agreement, their next step could be arbitration or mediation.

How arbitration and mediation are similar:

Both of them allow the disputing parties to take part in a discussion that does not become part of the public record. In addition, both of them provide the participants (the disputing parties) to set their own ground rules.

How do those 2 alternate methods for dispute resolution differ?

Arbitrators listen to the arguments presented by each side, and then announce their decision. That decision is binding; those that agreed to take part in the arbitration session must abide by that decision. Sometimes one side feels pleased with what the arbitrator has decided, and the other side does not.

Still, arbitrators are supposed to be neutral. By the same token, each of them should have achieved some level of expertise in the area that has produced a contentious situation. In other words, a professional in the field of medicine would not take part in arbitration between 2 engineers that were at odds, for some reason.

Mediators, the neutral source of guidance during any mediation learn how to fill both sides with a feeling of satisfaction, once their job has been completed. Both mediators and arbitrators listen to the arguments made by each party. Yet mediators do not announce a decision, or even state an opinion.

The mediator first hears each argument as it gets presented before all participants, including the members of the other party. Then the mediator meets privately with each party’s representative. Mediation’s final stage involves a meeting between those that are representing each side. The mediator does not take part in that final stage, as per personal injury lawyer in Romeoville.

The mediator’s task involves seeking to get each side to develop an appreciation for the challenges facing the opposing party. When a mediator has carried out that task in a skillful manner, then mediation’s final stage should naturally lead to some type of agreement.

The mediator’s view

Mediators’ training focuses on aiding achievement of an agreement that manages to satisfy both sides. Indeed, if you were able to speak with a mediator, following a successful session, he or she might express a certain amount of joy.

Who trains to be a mediator? Today some law students have chosen to undertake such training. As they graduate, their numbers add to those that were created by another group. That group includes some retired judges; those that have agreed to offer their guidance during mediation. Both groups stand ready to be of assistance whenever a mediator’s guidance is needed.

Leave a comment