Arbitration and Mediation

Paper Summary:

This paper explains that arbitration and mediation are often grouped together, without distinction, in discussions about alternative dispute resolution, yet they are clearly very different in procedure and process. It points out that both techniques have become a popular type of dispute resolution techniques for private individuals, such as those involved in divorce or property interest issues, with a desire to reach a compromise with reduced cost. Both processes are effective for different reasons and are performed in different but similar ways to one another. This paper discusses the differences between these two forms of negotiation and settlement.

From the Paper:

"Though for all their differences mediation and arbitration are also similar in many ways. First and foremost they are both alternatives to often costly and lengthy litigation processes and are less likely to end in criminal charges, of intent or otherwise. This is especially important with regard to situations where contract law has entered a grey area and where the desire to retain resources for settlement rather than legal bills is important. With regard to arbitration, in a personal civil situation such as divorce the two parties can represent themselves and allow the arbiter to make decisions on their behalf. The same can be said of mediation, while mediation may seem to offer a more long term working relationship between two parties, such as when children or adjacent property rights are in question. "

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