What is the difference between arbitration and mediation?
Arbitration is a process somewhat like a trial. A neutral party, the arbitrator, sits and listens to the facts and evidence presented by both sides or all sides to a dispute, considers the law, and makes a decision as to what the outcome of the dispute is going to be. The power to decide the outcome is entirely in the hands of one person: the arbitrator. The arbitrator can take the place of judge and jury in making a decision about a conflict. The parties to the conflict can only present the facts and evidence. They do not have any choice about what the arbitrator decides. They leave the decision up to the arbitrator. Courts can use arbitrations as a way to lighten the load on the courts. Parties to a dispute can agree to arbitration, or a judge can assign a matter to arbitration. Arbitrations take place outside the courts. Mediations also take place outside the courts, but they are not “ordered” by judges. Mediation is chosen by the parties to a dispute as a way to try to resolve it i
Arbitration is an informal court-like proceeding in which each party presents his or her perspective of the dispute to a neutral third party, who then decides how the dispute should be resolved. Mediation is a process in which disputing parties negotiate with each other with the help of a neutral person who has specific conflict resolution skills. The mediator helps the parties distinguish between their positions and their underlying interests or needs and then guides them in reaching a solution that works for all. Agreements reached in both mediation and arbitration can become legally binding.My husband claims I will be ordered to pay alimony to him when we separate because he has been only sporadically employed during our marriage and I am in a stable profession with an excellent salary. That doesnt seem fair to me. What do you think?Alimony in the State of Washington is called spousal maintenance.
In mediation, the parties agree that a qualified neutral, usually a lawyer or someone with specific knowledge of the dispute, will meet with all parties and attempt to bring the parties to a settlement. The mediator has no power to force a decision on anyone, but may attempt to persuade the parties to compromise. In arbitration, either one, or sometimes a panel of three, qualified neutral arbitrators (usually lawyers or retired judges) hear both sides of the case in a format more like that of a trial. The arbitrators will hear from witnesses and review documents. The arbitrators then make a decision.
