Mediators are neutral parties that help people resolve their disputes. Unlike arbitrators, they do not make binding decisions, but rather facilitate discussion and guide the parties to a mutually acceptable agreement. The mediator does not decide the outcome, but rather helps the parties to understand and focus on the important issues needed to reach a resolution. The difference between mediation and arbitration is that in a mediation process, a neutral and trained mediator works to help the contenders reach a consensus on their own.
In arbitration, a neutral and trained arbitrator acts as a judge and is responsible for resolving the dispute. The mediator initiates the meeting, then analyzes the problem in question and helps the parties to find possible solutions. It is important that the mediator be impartial and neutral. The mediator does not offer a solution; instead, both parties agree on certain terms.
The mediator merely helps the parties express their positions, listens to their disputes and seeks a solution that addresses the needs of all and works towards a just and viable solution. The parties themselves are the ones who make the decisions. The mediator can assume the role of arbitrator (if eligible) and issue a binding decision quickly, or he can take up the case after consulting with the mediator. In either case, it is essential that the mediator remain impartial and neutral throughout the process. Mediation is an effective way to resolve disputes without going to court. It is often faster and less expensive than litigation, as well as less adversarial.
It also allows for more creative solutions than traditional court proceedings. Mediation can be used in many different types of disputes, including family law, business disputes, landlord-tenant disputes, contract disputes, and more. The role of a mediator in an arbitration proceeding is to help both parties reach an agreement that is fair and equitable for all involved. The mediator will listen to both sides of the dispute, help them understand each other's positions, and work with them to come up with solutions that are acceptable to both parties.
