What are the differences between Arbitration and Mediation?

Arbitration is a process where parties present their arguments in a hearing format to an arbitrator who writes the decision. By going to arbitration, they have given the decision-making power to the arbitrator, who acts as a judge.

The arbitration hearing is much more informal than court. Arbitration can either be binding or nonbinding. Labor/management arbitration is binding, which means that the decision cannot be appealed or overturned unless the arbitrator showed bias, discrimination, or fraud in his decision. The courts have long recognized that labor arbitrators have a specialized knowledge of labor law that judges generally do not have.

An arbitration that is not binding means that the parties can reject the decision. The parties have the option of going to court or even to another arbitrator. The non-binding decision is an independent assessment of the case and may be used in settlement later on. The parties may not take a non-binding arbitration seriously if they have the power to reject the decision. The parties need to look at how much they are willing to spend and how important the final resolution is to them before deciding how to proceed.

What Are The Differences Between Mediation And Arbitration?

Mediation: The parties agree to work with a facilitator or mediator to resolve a dispute.

Arbitration: Parties agree to present their arguments to an arbitrator for a ruling.

Mediation: The parties control the outcome.

Arbitration: The parties do not control the outcome.

Mediation: The mediator does not make a decision.

Arbitration: The arbitrator makes a decision.

Mediation: The mediator asks questions so he can help facilitate a settlement by the parties.

Arbitration: The arbitrator asks questions in order to make a ruling.

Mediation: The decision-making power is retained by the parties.

Arbitration: The arbitrator weighs the evidence and makes a decision.

Mediation: The mediator is neutral, ethical, and has no vested interest in the proceeding

Arbitration: The arbitrator is neutral, ethical and has no vested interest in the proceeding.




Mary Greenwood, Mediator, Attorney and Author of
How To Negotiate LIke A Pro: 41 Rules for Resolving Disputes,

Winner of six book awards
Winner, National Best Book Awards General Law Category
Best How To Book, DIY Festival
Runner Up, New York Book Festival, E-Book and Self-Help Category
Finalist ForeWord Magazine Book of the Year Awards
Finalist, Best National Book Awards, Self-Help Category
Honorable Mention, London Book Festival
How To Mediate Like A Pro: 42 Rules for Mediating Disputes
Winner of five book awards
Best National Book AWard, Law Category
Best E-Book, New York Book Festival
Best How To Book, Beach Book Festival
Best E-Book, Indie Excellence Awards
Spirit AWard, South Florida Writers Association
Email: howtonegotiate@aol.com
www.marygreenwood.com

What is Mediation?

In mediation, the parties agree to work with a neutral third-party facilitator, the mediator, to resolve their dispute. The main difference between negotiations and mediation is that in negotiations, the parties work directly with each other, while in mediation the parties work with the mediator who facilitates the settlement.

Here are some of the characteristics of mediation.

1. The parties agree to work with a facilitator or mediator to resolve a dispute.

2. A mediator does not make a ruling like a judge or arbitrator.

3. Mediation is voluntary so either party may choose to stop at any time.

4. The mediator is neutral and impartial and does not represent either party's interests.

5. A mediator may meet with both parties, a joint session, or individually with one party, a caucus. When meeting in caucus, what is said to the mediator is confidential unless the party agrees that the information can be shared.

6. A mediator can be used when direct negotiations failed.

7. A mediator can be used when the parties don't like each other.

8. A mediator may be able to defuse conflicts or disagreements between the parties.

9. The mediator may play devil's advocate or give a reality check to the parties.

10. Mediation is not therapy.

11. If the case cannot be resolved through mediation, the parties may try arbitration.


Mary Greenwood, Mediator, Attorney and Author of
How To Negotiate LIke A Pro: 41 Rules for Resolving Disputes, Winner of six book awards
How To Mediate Like A Pro: 42 Rules for Mediating Disputes
Winner of five book awards
Spirit AWard, South Florida Writers Association
Email: howtonegotiate@aol.com
www.marygreenwood.com
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