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Judges and juries are not the only means for resolving legal disputes. Though Alternative Dispute Resolutions (ADRs) like arbitration and mediation, you can find a solution to a problem without stepping foot in a courtroom.
Through mediation, two parties can come to a mutual agreement with the help of a mediator. Here, it’s all about the two parties coming together to find a middle ground that they both find acceptable.
Arbitration is a little different. The two parties give an arbitrator the power to issue a binding decision. The proceeding is similar to a trial. Both parties can present arguments and call witnesses, and the arbitrator makes a decision.
The main difference between the two: in mediation, the burden to render a decision falls to the two parties. In arbitration, the obligation falls to the arbitrator.
To learn more about mediation and arbitration, seek qualified legal counsel.
What is arbitration and mediation? Arbitration and mediations are different types of Alternative Dispute Resolution, also called ADR. These are alternatives to going into a courtroom and having a judge or a jury decide your legal issue.
Mediation allows parties involved in civil disagreements, such as divorce, landlord-tenant law, probate disputes, breach of contract, small business disputes, all those types of things can bring in a mediator to help the two parties come to an amicable agreement.
In arbitration, they voluntarily hand over their case to an arbitrator, who is a type of judge who will examine the evidence and arguments from both parties and then makes a binding decision.
The difference between mediation and arbitration is the fact that mediators generally do not render a legally binding decision, while arbitrators can, if the parties agreed on it beforehand. In mediation, the burden to decide the case falls on the parties themselves with the mediator only acting as a guide to help the parties come to reach their own voluntary settlement agreement. Arbitration, on the other hand, is more like a regular trial with both proposing sides being able to call witnesses, deliver arguments, and present evidence, and then the arbitrator, who was chosen by the parties beforehand, would then deliver a binding decision.
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