The Differences Between a Mediator and an Arbitrator
Their uniqueness can either agree or disagree with other individuals on particular issues.
For every company, group or institution, there is man behind it.
These institutions are driven by man's ideas behind them.
In most cases, their ideology does not agree with everybody else therefore a conflict may occur.
This may result in a conflict.
Because man has to coexist, a resolution system has to come to play.
This will help the two conflicting parties resolve their differences through compromise or an agreement.
Mediation therefore is a process of resolving these disputes outside courtrooms.
Courtrooms can be overwhelming, with pending cases and overburdened justices systems, they may not be in a capacity to deliver proper justices to the people involved.
Backlogs can really delay justice and resolutions, especially in cases where the two parties want to resolve their differences fast.
Settlements outside courtrooms come in handy.
This is where either or both parties use the services of a mediator.
A mediator is neutral people assisting two parties come to terms with each other.
The person is enforced and or recognized by state to carry out these services.
This person is highly trained on legal matters and dispute resolution processes.
He/she listens to both sides of their claims and gives them legal advice, he/she then brings both parties together by initiating dialogue and communication.
In mediation process, both parties contribute to the final resolution.
Therefore the mediator just foresees and assists in this process.
After both parties get into an agreement, the mediator assists in drafting an agreement document which becomes a legal document that binds the conflicting parties.
A mediator therefore foresees negotiation process until dispute is resolved.
When the two conflicting parties undergoing mediation process do not come into a conclusive resolution, when one party disagrees to come to the terms of agreement, then mediation process fails and the case has to be taken to the next level; arbitration.
The two parties still resolving their disagreements outside court would seek arbitration services commonly known as Alternative Dispute Resolution (ADR) In this case, both parties agree to abide to the decision of the arbitrator.
An arbitrator is enforced by law to carry arbitration duty.
The decision made in arbitration is not influenced by either parties but a final decision of an arbitrator.
Arbitrators are attorneys skilled on a definite area of conflict.
The two parties present their claims and the arbitrator make a legal binding conclusion.
At times either or both of the parties may not like the decision but they have to agree to it because at this level, the case has gone beyond mediation.
Arbitration deals with cases that are civil.
Criminal cases are strictly dealt with by the court as the only enforced body by the law to carry out justice.