Mediation is a process in which a neutral third-party facilitator helps two or more parties to reach a mutually agreeable resolution to a dispute. The mediator does not make any decisions for the parties, but rather helps them to communicate and negotiate effectively.
Arbitration is a process in which a neutral third-party arbitrator listens to arguments from both sides of a dispute and makes a binding decision. Unlike mediation, the arbitrator has the authority to make a decision that is legally enforceable
Yes, both mediation and arbitration are confidential processes. The details of the dispute and the resolution reached are not made public, unless the parties agree otherwise.
Mediation and arbitration can be highly successful in resolving disputes, particularly when both parties are committed to the process and willing to work towards a resolution. The success rate can vary depending on the complexity of the dispute and the specific circumstances of the case.
The main difference between mediation and arbitration is that mediation is a non-binding process where the parties are encouraged to reach a mutually agreeable solution, while arbitration is a binding process where the arbitrator makes a decision that is legally enforceable.