Difference Between Arbitration In Mediation

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Mediator helps parties agree, without himself/herself reaching or announcing a conclusion or decision. She must suspend judgment. In mediation often there is no need to decide who was 'right' or 'wrong' in order to resolve the interests of the parties. Mediation is not primarily a search for truth or justice so much as for party accommodation. So far as fairness is concerned, the mediator's only duty is to keep the process fair and unbiased. In the absence of an unacceptable mismatch of power, if the parties agree to something the mediator thinks not quite right that is their privilege in mediation (by contrast with arbitration where the neutral's judgment controls and the morality guarantee is the neutral's commitment to study facts and law and generate a fair result.)…show more content…
The major difference between mediation and arbitration is that in mediation, an experienced retired Judge acts as mediator/ facilitator in helping the parties reach a negotiated settlement of their dispute. The mediator makes no decisions and does not impose his view of what a fair settlement should be. In arbitration, a neutral, usually retired Judge, makes a decision in the stead of the parties. In this regard arbitration is like court. Arbitration is the reference of a dispute to a private tribunal for hearing in a judicial manner in accordance with a fixed recognizable system of law. Conciliation is a process of persuading parties to reach agreement and is plainly not arbitration. CHAPTER 3; ARBITRATION LAWS IN INDIA- THE ARBITRATION & CONCILIATION ACT, 1996 “An ounce of mediation is worth a pound of arbitration and a ton of litigation!” — Joseph Grynbaum Varieties of Arbitrations Arbitration may be of the following kinds: (1)
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