Difference between an arbitrator and a mediator
Arbitrator vs mediator:
The world is full of constant struggles and conflicts which often involve the rather irksome process of litigation. Litigation can be quite messy and long lasting and it does not come off cheap either. Therefore, people have created alternative dispute resolution methods by the employment of which one can completely avoid the troubles and intricacies of litigation. Arbitration and mediation are two such methods introduced in order to render the system much more bearable for individuals living within a society.
Who is an arbitrator?
An arbitrator is an officer who handles arbitration procedure. Arbitration is a formal way of resolving disputes and during this process, an arbitrator is appointed with the consent of both the parties involved. An arbitration can be carried out with only one arbitrator as well and sometimes, two or three arbitrators are appointed for the purpose. An arbitrator could be someone who is well experienced in litigation such as a retired or active judge, an experienced attorney, etc. after hearing from both the parties, the arbitrator or the arbitrators reach a decision which is usually binding on both the parties.
Who is a mediator?
A mediator is an officer who participates in the mediation processes. It is a manner in which individuals resolve misunderstandings and it is conducted in a more non-formal environment. During a mediation procedure, a third party is brought in as a mediator and he or she proposes solutions to the problem and yet, these suggestions are not binding upon the parties. Mediation is conducted privately and is less time consuming and less expensive than litigation. And it is most likely that during a mediation process, a both the parties shall depart on amicable terms having reached a solution which is beneficial to both.
What is the difference between a mediator and an arbitrator?
An arbitrator is basically a person well experienced in litigation such as a retired or an active judge or an experienced attorney who is brought in to conduct an arbitration process. A mediator is an officer who is brought in to conduct a mediation process. While both arbitration and mediation processes are alternative dispute resolution processes which are less time consuming and and much less expensive than litigation, both of them have their differences which set them apart.
An arbitration is conducted more on a formal setting whereas a mediation is conducted in an informal setting where both parties feel at ease. During an arbitration, a third party personnel is appointed as the arbitrator with the consent of both the parties to provide a decision regarding the matter. During a mediation, a mediator is brought in to assist in the procedure. A mediator’s role is to make suggestions, propose possible solutions to the parties involved to settle the dispute. An arbitrator listens to both the parties and comes to a conclusion regarding the matter. While the decision of the arbitrator is usually binding upon both the parties, the mediator is not authorized to make such binding decisions.