781.708.4445

wmlevine@levinedisputeresolution.com

Divorce Mediation Blog

Mediation or Arbitration?

Wednesday, April 11, 2012

What is the difference between arbitration and mediation? Many people don’t know. While mediation and arbitration are both referred to as “Alternative Dispute Resolution” processes, they are very different from each other. The following may assist you in deciding which conflict resolution method is best for your situation.

Mediation – all parties attend a meeting or meetings with an impartial third party who is the mediator. The mediator assists those in conflict to identify the issues and explore various options to settle the dispute. The mediator does not render a decision or force any participant to accept a settlement. Whether the case “settles” or not is up to the parties, not the mediator.

In Arbitration, the parties present their case to an arbitrator or an arbitration panel. Evidence is presented although it is often less formally than in a courtroom setting. The arbitrator’s role is to determine the facts, and apply the law to render a decision. The arbitrator will decide the outcome. Arbitrations can be “binding” so the parties can turn the award into a court judgment by a process called “confirmation”; or “non-binding”, meaning either party can disregard the opinion. People use the latter, at times, to obtain a reasoned result that may then bring the parties still closer to settlement.

Both mediation and arbitration are effective and useful dispute resolution methods. People who wish to use alternative forms of dispute resolution need to decide which method is best suited to their needs.

When the parties have an existing relationship that may continue after the dispute is resolved, then mediation is a very valuable tool. Since mediation allows the parties to control both the process and outcome, taking into account the relationship needs and other non-monetary issues are possible. Arbitration is private, confidential and efficient and it may “clear the decks” of a dispute that interferes with reasonable interpersonal functioning, but it is not built on enhanced communications as with a successful mediation.

In mediation, individuals can ask questions of the other side, and its experts or professionals to seek a better understanding of the issues and positions. Arbitration, by contrast, is geared towards the Arbitrator understanding and deciding the issue based on the relevant facts as presented by the parties. It involves single hearing where all of the evidence is presented for consideration. The end result is based entirely upon the arbitrator’s understanding of the events that occurred and his interpretation of applicable law. Source: Mediate.com



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

medical benefits rehabilitative alimony alimony orders facilitated negotiations how baseball arbitration works arbitrator arbitrators conciliation divorce litigation support orders divorce mediator Baseball Players Baseball Massachusetts Alimony Reform Act annulment lawyers private dispute resolution resolve disputes Family Law Arbitration divorce and family law arbitration DOMA pre-ARA alimony divorce lawyers Divorce child support divorce arbitrators General term alimony Baseball Arbitration divorce judgment high-risk methodology mediation lawyer disputes family mediation special master Massachusetts divorce mediators Levine Dispute Resolution Center traditional negotiations lawyer-attended mediation divorce arbitration alimony law litigation Levine Dispute Resolution fraud alimony reform legislation divorced IRC §2704 Divorce Agreements Act Reforming Alimony in the Commonwealth LDRC Massachusetts divorce lawyers self-adjusting alimony Massachusetts Lawyers Weekly divorce mediators mediations med/arb divorce process alimony statute Self-adjusting alimony orders Boston Defense of Marriage Act health coverage The Seven Sins of Alimony Major League Baseball Arbitration Same Sex Marriage separation Alimony Reform Act Levine Dispute Resolution Center LLC med-arb health insurance COLA family law arbitrators alimony Massachusetts lawyers mediators Cohabitation divorce arbitrator family and probate law disputes SJC Massachusetts mediator divorce mediations divorce and family law mediators dispute resolution divorce mediation Levine Dispute Resolutions Massachusetts alimony and child support family law arbitrator family law family support Child Support Guidelines family law mediation Obamacare Chouteau Levine Matrimonial Arbitration Massachusetts alimony divorce agreement Uniform Arbitration Act MLB labor agreement