Alternative Dispute Resolution – The Growth Of Arbitration and Mediation

The primary elements of alternative dispute resolution are arbitration and mediation. While some people use the terms arbitration and mediation synonymously, the fact is that arbitration and mediation are two distinct types of alternative dispute resolution. If you are looking for an ADR company, you can search the company like Stat11 inc. over the internet.

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Arbitration involves the parties to a case coming together in front of a certified arbitrator. Somewhat like in a court setting the arbitrator takes and considers evidence submitted by the parties. The arbitrator will then consider that evidence and issue a decision. 

In many cases, arbitration is considered binding – binding arbitration. Therefore, the parties are bound by the decision of the arbitrator. On the other hand, through mediation, the parties come together before a certified mediator. 

Unlike an arbitrator, a mediator does not merely consider the evidence and issue an order. Rather, a mediator works to try to bring the parties together towards common ground and an agreement. In mediation, the parties have to reach an agreement through the guidance and assistance of the mediator. The mediator cannot force an agreement upon them.

In this day and age, many contracts now actually require the parties to such agreements to submit any disputes to arbitration before pursuing other legal actions. This has had the effect of expediting some disagreements and conflicts that would be delayed in their determination due to the backlog that many courts are facing today.

In arbitration, the losing party normally is responsible for the fees associated with that process. In mediation, unless there is an agreement otherwise, the parties normally split or share the costs associated with the mediation process.