Mediation

Running head : Mediation

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Mediation

Mediation and arbitration are both methods of alternative dispute resolution (ADR . ADR are methods where dispute resolutions take place outside the courts . The two forms of dispute resolution are closely related although the arbitrator is given the responsibility of making the final decision but a mediator only facilitates dispute resolution process . At the same time , the parties who are involved in the process of mediation are not supposed to reach the final decision but the binding decision

can be made in case the participants decide to contract an agreement settlement

Mediation provides a better resolution of disputes as it is less costly and faster compared to arbitration . It is therefore better to have mediation than take arbitration process . Mediation is an interactive and voluntary process which usually involves a third party who is neutral and trained to facilitate all communications . The person is trained and has all the required negotiation skills to help both parties to reach a mutually agreed dispute resolution . This way , the arbitrator will not have the right to make the final decision just like in arbitration . In arbitration , the arbitrator has the capacity to make a final decision and act as a jury and judge of the case listening to both sides and making judgments

Dispute parties in mediation process start by making non-binding decisions and if binding decisions are required , they can be requested after . In mediation , all settlements are always non-binding although when the parties...