Being an alternative way of resolving disputes out of the court trials, the main two methods of alternative dispute resolution (ADR), mediation and arbitration, share characteristics that make them alike along with their main differences.
SIMILARITIES BETWEEN TWO
- Confidentiality– both methods are confidential proceedings in which the resolution doesn’t become a public record;
- Cost-efficiency– mediation and arbitration are cost-effective ways of resolving the disputes between the opposing sides as compared with the litigation proceedings;
- Time-saving– mediation and arbitration proceedings are faster than litigation processes. They usually last a few days;
- Informality– compared with legally solved disputes, these methods are considered informal ways for the parties to come to an agreement;
- Third party existence– to settle a dispute between the two, there should be a third neutral party, mediator or arbitrator;
- Enforceable in law– final result of mediation and arbitration may become legally enforceable resolution.
Arbitration and mediation have gained widespread acceptance among both the public and the legal professionals. Being able to resolve range of case-types, one or both alternative dispute resolution methods can be selected to settle disputes varying from juvenile felonies to federal government negotiations. They can be widely used in labor, construction, security, business and other fields as well.