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Paper Topic:

How does mediation differ from arbitration?

Mediation versus Arbitration

Mediation and arbitration are both considered alternative measures to litigation which are meant to settle disputes out of court and in effect help lessen the caseloads of the courts . Both employ third parties which should be neutral and could be binding to the parties involved in the dispute . However , the procedure that is now in practice is for arbitration to be binding while mediation is mainly a non-binding procedure (Reina , 1999

Arbitration could have either one or three arbitrators . If the disputants could not agree to a single

arbitrator , they are made to come up with the arbitrator of their choice . Then the two arbitrators nominated by the parties involved in the conflict chose a third arbitrator . As a result , the first two arbitrators could either be neutral or partial to the parties that have chosen them but the third arbitrator should be perceived by everybody to be completely neutral . In this manner , an impartial result is ensured . The arbitrator /s act as judge /s tasked with hearing and appreciating the evidences offered by both sides . After the parties have rested their cases , the arbitrator or arbitrators then decide on the dispute and issue a written opinion which binds the parties to the conflict . In cases which employ three arbitrators , the decision of the majority of two becomes the binding decision (Reina , 1999

Mediation , on the other hand , is usually handled by only one mediator whose function is not to judge the merits of the case but merely to bring the disputants together and talk about their conflict . The certified mediators most of whom are also lawyers , attempts to draw the disputants into a no-holds-barred , albeit confidential , discussion so that their sides of the conflict are completely disclosed . This method of conflict resolution is premised on the fact that when people are given the opportunity to talk about their problems , they often realize the folly of their actions and consequently come to terms with their fellowmen . Mediations could be binding when the disputants agree to a solution and affix their signatures on a written agreement . In cases where the disputants do not reach an agreement , the conflict proceeds to litigation (Reina , 1999 Reference

Reina , L .P (1999 . Mediation vs . Arbitration vs . Litigation : What 's The Difference

Findlaw . Retrieved March 4 , 2008 from

HYPERLINK "http /library .findlaw .com /1999 /Jun /1 /129206 .html http /library .findlaw .com /1999 /Jun /1 /129206 .html...

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