28/09/2023
It's a bit lengthy, but you'll be making better choices on whether to go for mediation or arbitration.
Stay with me...
represents an alternative method for conflict resolution. It entails the enlistment of a neutral third-party mediator by the disputing parties, who may or may not have legal representation. The mediator's primary function is to foster productive communication between the parties, assisting them in elucidating their interests and apprehensions. Importantly, the parties maintain complete autonomy over the entire procedure.
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In contrast, arbitration leans on an impartial third party, referred to as the arbitrator, to settle disputes outside of traditional courtroom proceedings. Unlike mediation, where the mediator plays a facilitative role without authority to render a final decision, arbitration positions the arbitrator as a quasi-judicial figure who assesses evidence and arbitrary award (which is as binding as a court judgement) to reach a for the dispute.
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