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Difference Between Mediation and Arbitration: Finding out How to Solve Your Legal Problems
Not all legal disputes require going to court. There are other, faster and cheaper ways to solve your problems that are available in India via Alternative Dispute Resolution (ADR). The two most popular methods of ADR include mediation and arbitration.
Though mediation and arbitration can be used to solve disputes, they differ greatly in terms of procedure, role of neutral third party, enforceability, costs, etc.
This article gives an overview of the two procedures, describes the pros and cons of each method, the legislation regulating it and situations when you should choose one or another.
What Is Mediation?
Mediation is a form of dispute resolution, when a neutral third party, a mediator, helps disputing parties reach agreement through discussion.
While judge and arbitrators make decisions for disputing sides, mediator only facilitates discussion and encourages parties to cooperate.
Mediation can be used to solve:
family disputes
divorce and child custody cases
property disputes
disputes among businesses
employment disputes
consumer disputes
neighborhood disputes
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