Question

In: Economics

How does arbitration differ from mediation? (200 word count)

How does arbitration differ from mediation? (200 word count)

Solutions

Expert Solution

Mediation and arbitration differ in terms of the judgement taken by the experts. In the case of arbitration, the decision taken is binding on the parties, but in the case of mediation, the mediator does not himself makes the judgement instead helps the involved parties in reaching at an agreement. The major difference between both is that in arbitration the arbitrator hears evidence and makes a decision. It is more like the process in a court in which the parties present testimony and give evidence which to a trial just less formal. The process is usually carried out with a panel of various arbitrators which perform the similar role like a judge, take decisions on evidence and also give opinions.

On the other hand, the process of mediation is more of a negotiation with the help of a neutral third party. The parties do not reach a resolution unless all sides agree.Mediation is generally conducted with a single mediator who does not gives any judgement on the case but onl;y provides assistance in order to facilitate the discussion so that dispute can be resolved.


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