MEDIATION
Mediation is a process of dispute resolution in which one or more impartial third parties
intervenes in a conflict or dispute with the consent of the participants and assists them in
negotiating a consensual and informed agreement. It can also be said as a confidential process
of negotiations and discussions in which a "neutral" third party or mediator assists in
resolving a dispute between two or more parties. Mediation presents the opportunity to express
differences and improve relationships and mutual understanding, whether or not an agreement is
reached.
It is generally considered to be a non-adversarial approach to the resolution of conflicts or
disputes. The general role of the mediator is to facilitate communication between the parties,
assist them on focusing on the real issues of dispute and to generate options that meet the
respective parties' interests or needs in an effort to resolve the dispute.
If you have given up on negotiating a settlement of your dispute directly with the other party,
mediation may be the best way to solve it. Compared to a lawsuit, mediation is quick, private,
fair, and inexpensive. And, if your dispute is with someone that you need to deal with in the
future - such as an employer, landlord, neighbour, business partner - mediation will help you
resolve your disagreement without destroying your relationship.
ARBITRATION
Arbitration is a legal process, which takes place outside the courts, but still results in a
final and legally binding decision similar to a court judgement. Parties involved in
arbitration are effectively opting out of the court system and submitting their case for
resolution by a neutral, third party arbitrator.
Arbitration is a form of dispute resolution, agreed on by all parties, in which one or more
neutral arbitrators hear evidence from the parties, and give an award based on that evidence.
