A mediator does not deliver a judgment. A mediator facilitates dialog between the 2 parties and it is up to them to come to an agreement.
An agreement reached after mediation is not binding. Applicability An arbitrator gains importance in case of major disputes or; when the parties are unreasonable; or when a specific area of expertise is required. A mediator is usually chosen to resolve a minor dispute; or when the parties do not wish to enter the litigation track; or when confidentiality of the issue is required; or when knowledge of the issue is critical. Role An arbitrator is a judge of the dispute and provides resolution measures which is binding on the parties.
A mediator is more a facilitator who assists in developing options and achieving a mutually agreed resolution. He does not make a decision for the parties. Differences in role of an arbitrator and mediator Mediators not only assist in resolving disputes but also to prevent disputes. Modus Operandi A mediator has the autonomy to employ any method that may be suitable for that specific issue and does not have any strict guidelines to go by.
Qualities of an arbitrator and mediator Fair-mindedness, experience, expertise and the ability to objectively analyze a dispute and render a verdict are the essential qualities of an arbitrator.
References Wikipedia: Arbitration Wikipedia: Mediation. Follow Share Cite Authors. Share this comparison: If you read this far, you should follow us: "Arbitrator vs Mediator.
Comments: Arbitrator vs Mediator. When he or she has taken his standpoint on this basis, his or her task is finished. The mediator on the other hand works to reconcile the competing interests of the two parties. The mediator does not have decision-making authority and this fact makes mediation attractive to many parties in dispute because they can retain the ultimate control of the outcome.
However, mediators are not without influence. Authority, or recognition of the right to influence the outcome of a dispute, is granted by the parties themselves rather than by an external law, contract, or agency.
For example, in arbitration:. An arbitral decision can normally be registered in court, and then enforced like a court judgement. There are circumstances where an arbitrator's decision can be appealed, however this will sometimes depend on the nature of the error involved. Although the arbitration is very similar to litigation, arbitration offers a more flexible and efficient process.
It can often be finalised in a much shorter time frame than litigation. Arbitrators have a legal background and will usually have expertise in the area that is the subject of the dispute. The arbitrator will decide:. Some of the key advantages of arbitration include:. While arbitration can sometimes be cheaper than litigation, often it will end up costing roughly the same. Depending on the nature of the dispute, it is rare for a commercial arbitration to be concluded in less than 6 months.
At the same time, it is not uncommon for an arbitration to run for more than a year just like litigation. Arbitration can provide an effective means of resolving a dispute where mediation or negotiation has failed, and where the parties would prefer for the dispute to be kept outside the public domain. Andrew Hernandez Lawyer.
During his time with Turtons, Andrew has been involved in a range of contentious and non-contentious work particularly in the construction space.
Turtons is a commercial law firm in Sydney with specialist expertise in privately owned construction and technology businesses. Terms of Use Privacy. Browse all articles. What is mediation? What are the advantages of mediation?
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