What is the difference between mediation and arbitration?
“Arbitration is a dispute resolution process in which disputes are submitted to a neutral adjudicator through presentation of evidence and arguments. The arbitrator is empowered to render a binding decision.” “Mediation is a non-binding process in which a neutral, impartial third party with no decision-making authority attempts to facilitate a settlement between disputing parties.” (From the Dispute Resolution Office Bulletin, Dispute Resolution Terminology, March 2001.
Mediation is a process by which a neutral third party, the mediator, assists the conflicting parties in negotiating an agreement regarding the issue in conflict. Arbitration is a process by which the conflicting parties present their conflict to an agreed upon neutral third party who, upon hearing from both parties, decides on how to resolve the issue.
Arbitration is a process involving a professional, neutral party empowered to make decisions for the disputants. Arbitration decisions are based on the facts presented in the case by the parties. In mediation, the parties decide the outcome for themselves. The mediator is a professional neutral party who assists and guides the parties through a process that makes it possible for them to come to an agreement of their own. Both mediation and arbitration are effective ways to resolve conflict when used in the appropriate circumstances. MFR does not provide arbitration services but is happy to provide referrals to these services.
Mediation is a cooperative process and uses a neutral third party (a mediator) to facilitate consensus building and discussion, in order to reach a mutually satisfactory resolution. Arbitration also employs a neutral third party (an arbitrator), who listens to both sides and makes a decision, which is usually binding.
Mediation is a relatively informal and voluntary process in which mediators facilitate communication and negotiation between the parties. Mediators are as concerned with reconciling the parties as with helping them to settle their substantive differences. If the parties do not reach an agreement on their own, they may ask the mediators to issue an advisory opinion, which is not legally binding but is often accepted by both sides. If mediation is unsuccessful, the parties may decide to quit the process, or they may agree to submit unresolved issues to arbitration. Mediation/Arbitration is a process that begins with mediation. If mediation is unsuccessful, the parties are legally obligated to proceed to arbitration. Christian mediation is usually so successful that most cases do not need to go to arbitration. Arbitration deals primarily with the resolution of substantive issues. Arbitrators act as fact finders and judges, and their decisions are legally binding. Going directly to arbitra
