If you have been involved with mediation or arbitration and what you thought of the process?

Asked by Nanyme, California Fri Mar 7, 2008

If you have been involved with mediation or arbitration and what you thought of the process, If you have not been involved with mediation or arbitration, explain what you think of the processes from what you have heard from others?

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Gail Hiebert, , KCMO
Sun Mar 9, 2008
Good question. I am a certified Mediator- Conflict Resolution expert. The difference between a Mediator and a Arbitrator is the character of the action. A Meidator is a trained person (usually) who acts as a third party between to people with differing points of view, who at the core of things are sincere about resolving their difference without court action. An Arbitrator is usually an attorney (trained in Arbitration) who is hired or assigned by the courts to provide a Binding solution to a legal problem instead of going through the court system. The final decision of the Arbitrator is Binding through and like a court decision. The final arrangements determined by the parties of Mediation is flexible and based upon honor, honesty and good will and generally works because the parties sincerely wish for a solution. The real estate industry is moving more and more toward Mediation for the settlement of disputes between the parties involved in a real estate issue. It is fast, less expensive and each party is part of the solution. Hope this helps...GH
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Peter Andres…, , Medford, NY
Fri Mar 7, 2008
I'm not an attorney and can't give legal advice. Consult an attorney. My understanding as a former paralegal is that both are alternatives to litigation and are quicker, more cost effective and private. In mediation, there is third person that acts like a referee and tries to bring about an agreement between the parties by reconciling their differences. In arbitration, there is a hearing and settlement of the dispute again by an impartial third party whose decision in the matter the opposing parties have agreed to accept. You have to check state statutes and find out if you have binding arbitration or non-binding arbitration.
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