Question

What is the difference between settling a dispute in court or going through the negotiation/mediation/arbitration process?

Answer 1

Negotiation is an issue where both sides in a dispute (battle) agree on a solution. Negotiations take place through discussions between the parties in the absence of a third party. Before settling a dispute, each party must resolve something.

Mediation means that neutral (not supporting any one side) third party helps the parties to the conflict to reach a settlement. The third party is called the mediator and the mediator facilitates the communication between the two parties. The mediator manages the dialogue process between the parties as honestly and selflessly as possible. Arbitrators do not take sides, nor do they provide legal advice or counseling. They do not act as judges. They look at the explanation of the points in dispute and the original nature Identify and play a cooperative role. They cooperate with each party to understand the other party's preferences. They also help to find some formal motives for overcoming the problem but they do not settle in the party.

Arbitration means the context of a process where a decision is made entirely by a third party. The arbitrator hears the case presented by the parties to the dispute and rewards the judge according to his decision. Rewards are generally final and binding. But an award is likely to be filed in court. Arbitration is more common in labor disputes and professional disputes.