August 31, 2023
Have you ever wondered about the difference between mediation and arbitration? Aren’t they the same thing? No, they are not. They are two distinct paths in the process of alternative dispute resolution, and understanding the pros and cons of each can help you make a better decision regarding which path to choose for your case.
Mediation vs. Arbitration
In simple terms, mediation is collaborative while arbitration is adjudicative. Mediation is like cooking a meal together; both parties have a say in the recipe. Arbitration, on the other hand, is akin to a cooking show with a judge that tastes each dish and decides a winner.
A Real-World Example
Picture this: a business partnership gone awry. In mediation, both parties work with a mediator to hash out differences and decide mutually beneficial terms. No one is forced into a decision. In arbitration, on the other hand, an arbitrator listens to both sides and makes a binding decision. A mediator in this case may facilitate a discussion to amicably dissolve or even save the sinking partnership, while an arbitrator will decide on whose terms the partnership will be dissolved.
Your Path, Your Choice
Choosing between mediation and arbitration should not be a coin toss. It should be a calculated decision because it can affect the outcome and your level of involvement in it. If you value collaboration and flexibility, mediation is your best bet. Want a swift, decisive outcome? Consider opting for arbitration. Just remember, the choice you make today sets the tone for your dispute resolution journey tomorrow.
Disclaimer: The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. Laws and guidelines are subject to change, and the specifics of your situation can affect how the law applies to you. For legal advice pertaining to your situation, please consult with a qualified attorney.