What Is the Difference Between Mediation and Arbitration?
Alternative dispute resolution (ADR) refers to methods that may be used to settle or settle disputes without legal proceedings or litigation.
There are four major methods for resolving disputes through alternative methods, including arbitration, mediation, negotiation, and expert determination. Mediation and arbitration are both offered by Resolute Legal in Queensland.
Alternative Dispute Resolution
Arbitration
Often relating to neighbourhood disputes and similar cases, arbitration is a process for dispute resolution in which an independent arbiter makes a binding decision about disputed issues based on the evidence presented by the parties. An independent third party, a mediator, will explain how mediation will occur and assist the parties in identifying and narrowing down the key arguments. The mediator will also help the parties review options and alternatives for settlement. An arbitrator makes decisions on the dispute after hearing the evidence.
Mediation
Mediation is a dispute resolution process that encourages parties in dispute to isolate issues, work out potential resolution options and negotiate a resolution they agree on. Mediation is usually the least expensive and least time-consuming, in which both parties, assisted by a mediator, try to negotiate a solution to their problems. The mediator typically encourages parties to come to a settlement through mediation but is not given any authority to make judgments, and thus, mediation results are not legally binding on either party. Settlements reached in mediation are enforceable only after they are made into Consent Orders (or a similar legal document) and signed by all parties. In mediation, no parties in dispute ever give up decision-making authority to any other person.
Empathetic Family Law Specialists and Mediators
Our team of lawyers in Townsville can explain the benefits of each process to ensure you are confident to engage with the approach that is most likely to achieve a resolution to the issues you have. Today, with the increasing delays and costs associated with court proceedings, more and more couples are opting for family law mediation to resolve issues.
If you need arbitration or mediation services, contact Resolute Legal today to speak to our team of lawyers.
