subject: Clarifying The Terms Arbitration And Mediation [print this page] In a court of law, it is very difficult to decipher the differences, and the similarities of terms that law officials use every day. It is vital when involved in the court system to be educated on certain terms that can be easily confused. Two terms that are frequently misunderstood, and hard to distinguish from one another, are arbitration, and mediation. These actually appear very similar, but are distinctly different according to the way they are defined in a law aspect.
1. The ways they are similar: Both arbitration, and mediation are similar to the fact that they bother alternate forms of procedures performed to resolve disputes between two opposing parties. This is known as (ADR) alternative dispute resolution. They are also both techniques that are utilized to promote compromise, and settlements between two conflicting parties outside the court system. These ADR forms can be used in any court case to omit necessary bureaucracy. These are also both viable options available for people facing time-consuming hearings, and court appointments. They assist people in avoiding accruing court costs, and uphold great discretion about any dispute awards, or the existence of the proceedings records. These procedures also utilize a third party to listen to the dispute, and review the relevant information that is presented before them. Also in these procedures, these hearings or proceedings can only advance if both disputing parties agree to participate. If either opposing party refuses to negotiate then it will be referred back to the courts. There are many cases that are referred to (ADR) procedures. Some examples of these sorts of cases are business disputes, consumer disputes, and family disputes.
2. Differences between arbitration, and mediation: The key difference between these two terms is that an arbitrator has jurisdiction over finalizing a decision, acting as a judge in certain cases, and reviewing both sides voices of the dispute, and then ruling the final verdict. Mediators referee the parties to ultimately come to an agreement upon which is necessary to resolve the topic that is being debated. They discuss the options available to the parties, and encourage them to come to a compromise. Final decisions made by an arbitrator are legally binding, unless there is a request submitted for a non-binding one, however if parties are absolute in their agreement than they can legally format their agreement settlement. In an arbitration dispute, it is written in stone that the parties must abide by their binding agreement. They have to sign a contract and maintain their commitment towards their stated stipulations within that contract. Mediation facilitating does not require parties to be bound by any legal contract. If parties change their mind after the proceedings have begun, and decide to not continue, they are free to cease the process without coming to a resolution. There is another great diversity in these two terms; the ability to withdraw from the process is bound by certain provisions. In arbitration, the power to withdraw is open by certain circumstances, such as if both mutual parties agree to withdraw in two separate situations, before a final decision is made, and if no arbitration clause has been signed.
If you are finding yourself in a similar circumstance, and fully recognize that either of these forms of Alternative Dispute Resolution (ADR) might benefit you by saving a great amount of time, and money. It would be wise to consult a reputable lawyer at www.locatelawyerattorney.com
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