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Mediation and Arbitration: What’s the Difference?

When working within the legal system, there are many different terms that you will have to juggle. Know what to expect as you work through the process with your L.A.Discrimination Lawyer by learning the differences between mediation and arbitration.

Mediation and Arbitration

Distinguishing certain legal terms will prepare you for the courtroom. Source: MorgueFile

Mediation is a process which all parties enter into voluntarily with an understanding that they are going to work to help ensure that a resolution is beneficial to both parties. When engaging in mediation, neither party is legally bound to bring the dispute to resolution. However, if a resolution is reached, the agreement can be drafted into a contract, which is referred to as the settlement agreement. One of the defining features of a mediation is that the resolution is not intended to be in favor of either one side or the other. Rather, a mediator or facilitator oversees a negotiation process with the hope that the two sides can agree to a mutually acceptable resolution.

Arbitration, on the other hand, is engaged in with the understanding that there will be a winner and a loser. During this type of dispute resolution process, the arbitrator, a neutral party, considers evidence presented by both sides, and renders his or her final decision. Depending on what terms both sides agreed to before entering into the arbitration process, the arbitrator’s decision can be either binding or non-binding. Binding agreements carry as much weight as a court judgement. Parties can accept non-binding arbitrations as final, or either party can take the case further to a trial in court, ignoring the arbitrator’s decision.

By knowing the difference between these two types of dispute resolution, you can make an informed decision about which type is better for your dispute. If you require the assistance of an L.A.Discrimination Lawyer, contact us at Jackson & Associates for more information about our services.

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California Sexual Harassment and Discrimination Attorneys Disclaimer:
The California employment law, trial information, mediation or other legal information presented at this site should not be construed to be legal advice, nor the formation of an attorney-client relationship. Any results set forth herein are based upon the facts of a particular case and do not represent a promise or guarantee with respect to your case.

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