Civil Procedures

Civil Procedures
Speaking about mediation and arbitration it would be essential at first to define both. Mediation as well as arbitration is an ADR (so called alternative dispute resolution).

Arbitration is the “method where the disputing parties involved present their disagreement to one arbitrator or a panel of private, independent and qualified third party ‘arbitrators’. The arbitrator(s) determine the outcome of the case” (Sgubini, Prieditis & Marighetto, 2004). And mediation is the method “where a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-stage process to help parties reach a conclusive and mutually satisfactory agreement” (Sgubini, Prieditis & Marighetto 2004).

We see that both need participation of the third party, but it should be different that in the both ADR methods the role of the third party is pretty different. For mediation the neutral side is an initiator of the dialog between the two confronting parties and the structure of these dialogues is well planned, including multi-stage process, which is aimed on reaching mutually satisfactory agreement. Arbitration demonstrates the different role of the third party. They both expound the nature of the disagreement and the arbitrator, unlike the mediator provides carefully weight outcome. That is actually the core difference between mediation and the arbitration. The role of the third party, if different and the both parties’ participation is represented differently. It should be noted that both of these methods are effective alternative dispute resolutions and are effectively used on the highest levels of international politics and economics.

References:

1. Sgubini A., Prieditis M. & Marighetto A. (August 2004). Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective. Bridge Mediation LLC
2. Lynch, J. (July 2001). ADR and Beyond: A Systems Approach to Conflict Management. Negotiation Journal. Volume 17. Number 3. p. 213.

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