Mediation and Arbitration

Mediation and Arbitration

Mediation and arbitration are used to resolve disputes that may occur in the work place or any other place where legal issues may arise. In mediation, a neutral negotiator helps both sides negotiate a settlement. Typically, the mediator meets with each side separately until both sides agree to a settlement. Mediated settlements are usually less costly than settlements resulting from litigation. Mediation is non-binding; neither side has the power of the courts to enforce the settlement. ( Voluntary rules for Mediation,p.1)Arbitration on the other hand is where parties state their views, offer evidence at an arbitration hearing, and agree to let an impartial professionally trained arbitrator make a decision that will end the dispute. In most cases, once the arbitrator hears the evidence, he or she hands down a binding decision. There is, however, also non-binding arbitration where the disputing parties put their case before an impartial third party who renders an opinion or recommendation, which the parties may choose to accept or decline. (Funk& Wagnalls,Vol. 2,1986,p.239) Mediation is a form of conflict resolution that would be good to use when dealing with people or entities that you may want to keep a positive relationship with. Mediation also is confidential and can not be released to the public or used in court. Mediation can only be used when the two parties involved are willing to communicate and negotiate with each other. In other situations where one or neither sides of the dispute are willing to communicate or negotiate arbitration is used. Arbitration is similar to a court hearing but less formal and results are much quicker. Arbitration is an alternative to a regular court hearing that may take months even years to resolve. In most cases the judgment handed down must be upheld. This is the reason that only one side wins and the other walks away feeling frustrated with bad feelings towards the other party inv…


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