Theroleofarbitrationinmediation
Arbitration is one of the oldest forms of dispute resolution and has been used in various forms for centuries. It is a type of alternative dispute resolution (ADR) which is increasingly being used in civil litigation and private disputes. Arbitration has been used in many different areas including family law, divorce, employment law, construction disputes and labor law. Arbitration has several advantages over other forms of dispute resolution. It is usually faster and less expensive than going to court, and it also offers more flexibility in terms of terms of resolution.
Unlike litigation, arbitration often does not require a court date or an official hearing. Instead, a trained arbitrator hears the presentations from both sides and makes a decision based on facts and evidence presented. The arbitrator is usually a neutral third-party and his or her decision is binding and final. The process of arbitration can be tailored to suit the particular circumstances of the dispute and details of the process can be agreed in advance. This makes it suited to some types of disputes where other forms of ADR may not be able to provide a practical solution.
One of the main advantages of arbitration is that it can provide a swift resolution to disputes which may otherwise take many years to resolve in court. This is especially beneficial in situations where both parties may be keen to move on and do not want to wait for a lengthy court process to play out. Arbitrators will also try to bring the parties together and to facilitate negotiation and compromise. Many arbitrations result in settlement agreements rather than the arbitrator making a decision on the outcome of the dispute.
Arbitration is also often used in conjunction with other alternative dispute resolution processes such as mediation. Mediation is a voluntary process where two or more parties attempt to resolve a dispute with the help of a neutral third-party. This third-party facilitates discussion between the parties and helps to identify potential areas of compromise. Arbitration may be used at the end of the mediation process as a final decision-making tool in the event the parties could not reach a mutual agreement.
The role of arbitration in mediation is to provide a means of dispute resolution when the parties are unable to reach a settlement through the mediation process. The use of arbitration is usually beneficial when the parties have considered all possible options in mediation, but still cannot agree on a resolution. The arbitrator will act as a final decision-maker who will settle the dispute as a binding agreement.
In conclusion, arbitration is a popular form of dispute resolution which has many advantages over traditional options such as litigation. It is often used in conjunction with other ADR methods such as mediation. The role of arbitration in mediation is to provide a binding decision on the dispute which both parties can respect and abide by. It is often the last step in the dispute resolution process, allowing parties to move on quickly in the event they are unable to resolve their dispute through mediation.
