Arbitration is designed to provide the parties with a ruling where one party prevails, and one party loses as determined by the arbitrator.
Mediation is a process in which a trained mediator, best thought of as a facilitator, meets with the parties to the dispute, both individually and collectively, to try to help the parties reach an agreement to resolve the dispute.
Alternative dispute resolution is utilized to keep disputes out of court, when possible, and to be certain that any disputes that do make it to court have been the subject of a good faith effort to resolve the dispute. Both mediation and arbitration are forms of ADR.
These definitions were provided in Florida attorney Joe Adams’ latest Community Life column, Mediation, arbitration forms of dispute resolution. His column appears regularly in the Fort Myers News-Press.
Around the web, July 16
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Arbitration and Mediation are the foremost forms of ADR. Arbitration leads to the adjudication of the dispute and Mediation dissolves the dispute.
Arbitration is better in cases were the parties are know to default the terms of resolution that may be arrived.
Mediation is the best, where the parties to the dispute genuinely want to resolves their dispute.
In countries where the litigation process is very economical and not threatening, Mediation may not be helpful. As the terms of settlement in a mediation proceedings are only binding on the parties and not enforceable.
On the failure of one of the parties to follow the terms of settlement the other party is forced to approach Court or Arbitration.
There are other forms of ADR such as Conciliation and Negotiation.
G.Ashokapathy, Arbitrator, Chennai- India.
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