Mediation and arbitration are the two modes of Alternative Dispute Resolution (ADR) which are purposefully used to resolve civil disputes and disagreements outside the court, through the help of arbitrators and mediators respectively. Both the modes have a number of similarities as well as certain dissimilarities which are discussed below, followed by the definition, explanation, and synonyms of the two.
There are a number of similarities between mediation and arbitration. Some of them are as follows:
Similarities between Mediation and Arbitration
- Both are used for resolving civil disputes without the involvement of the court.
- Both are modes of Alternative Dispute Resolution (ADR) for settlement of matters outside the court.
- In both modes, the disputing parties have complete freedom of choosing their respective arbitrators or mediators.
- Parties have complete freedom of selecting a suitable venue and date for proceeding in both modes.
- Though the two parties are under dispute or disagreement, they choose the arbiter or mediator on a joint agreement as per the convenience of both.
Dissimilarities Between Mediation and Arbitration
Alongside the similarities between the two modes of ADR, there lie certain differences too. Some of them are as follows:
- Mediation is informal while arbitration is formal and is more like litigation (but without the proceedings of court).
- Mediation does not necessarily require any evidences but arbitration requires facts and evidence to proceed.
- Mediation is a cheaper mode of ADR than arbitration which is a bit expensive.
- Mediation can be accomplished in a friendly manner and as per the convenience and wish of the two parties, while arbitration has to follow certain litigation steps such as witnesses, facts, evidence, filing application and providing documents, etc.
- Mediation is a less time-consuming process while arbitration is a bit lengthy process comparatively.
- Mediation seems more like a negotiation process. On the other hand, arbitration seems more like a litigation or trial process (but not as formal and prolonging as a court process).
Significance of Mediation and Arbitration
The two modes of ADR are of great significance for the fact that these are used for resolving almost every dispute or matter that a court does, without getting subjected to the lengthy procedure of the courts.
Most people usually think that mediation and arbitration are not worth going for while looking for a peaceful resolution of some dispute.
But, this is not a wise opinion for the fact that the mediation and arbitration are of the same significance and importance as that of a court in resolving a dispute or getting to a conclusion of a matter when both the disputing parties agree to choose one of the two modes for seeking a legal resolution.
What does Arbitration mean?
Arbitration is one of the modes of Alternative Dispute Resolution (ADR) which is used to resolve civil or private disputes without moving to the court.
Arbitration is generally used for resolving commercial disputes and has great significance in the business world.
Who is an Arbitrator?
The person who plays the role of middle man between the two disputing parties and helps in arbitrating the matter is known as the ‘arbitrator’ or ‘arbiter’.
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What types of disputes can be arbitrated?
Almost all types of disputes or cases that are taken to court for settlement can be resolved through arbitration apart from those including criminal cases or family law matters, as these are bound to be taken to the court for resolution.
Some of these types of disputes that can be arbitrated include the following:
- Commercial disputes
- Property disputes
- Diplomatic disputes and disagreements
- Contract disagreements and many others
Synonyms of Arbitration
- Negotiation
- Arbitrament
- Judgment
- Adjudication
- Agreement
- Intervention
- Civil Court
- Conciliation
- Interposition
- Settlement
- Adjustment
- Compromise
- Peacemaking
- Peace-building
- Mediation
What does Mediation mean?
Just like Arbitration, Mediation is another mode of Alternative Dispute Resolution (ADR) to resolve civil or private disputes without moving to the court.
Who is a Mediator?
Same as Arbitration, there comes a neutral third party between the two disputing ones, which is usually an expert of law or an experienced person and resolves the dispute between those two parties. This third party is known as a ‘mediator’.
What types of disputes can be mediated?
The type of disputes that can be mediated include the following:
- Property disputes
- Family disputes
- Commercial disputes
- Diplomatic disputes and disagreements
- Contract disagreements
- Workplace disputes
- Community disputes
- Matrimonial matters
Synonyms of Mediation
- Intercession
- Interposition
- Intervention
- Conciliation
- Reconciliation
- Shuttle Diplomacy
- Negotiation
- Agreement
- Settlement
- Consensus
- Concurrence
- Arbitration
