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A form of alternative dispute resolution (ADR) is known as arbitration. This means to resolve
civil disputes between two parties without leading to lawsuits. In other words, it is a method of
resolving legal disputes that do not lead to the use of the judicial system. There are two types of
arbitration. There is nonbinding. When it comes to binding arbitration, both parties agree to
accept the arbiter’s resolution. Whatever the decision may be neither party, if unhappy with the
result, can go to court. Nonbinding arbitration means either party can sue if unhappy with the
resolution. The goal is for the arbitrator to be viewed as objective. They are also to appear
neutral. They are chosen to hear the facts of the disagreement between the two parties and make
them feel their interests have been represented. Then they are dedicated to making a final
decision.
Mediation has the help of a trained mediator. This is a confidential and informal way for people
to come to an agreement about a disagreement. The sole purpose of mediation is to minimize the
harm of any disagreement and to prevent the areas of dispute that may get in the way of a
mutually agreed outcome or compromise. The mediator acts as a third party and is neutral. They
facilitate discussions and do not decide who is right or wrong. Nor do they issue a decision, In
other words, they assist disputing parties with resolving conflict. They do this through the use of
negotiation techniques and specialized communication. Some benefits of mediation include
control, cost, mutuality, support, compliance, and confidentiality.
A few things arbitration and mediation have in common are they both are a form of ADR, they
are both confidential, they are both unregulated, and they both have a third party who is neutral.
The third party on both sides oversees the process and have a goal to try to help all participants
to find common ground during a disagreement. Another similarity is that they both can be used
to find a solution, between two parties that have a disagreement, without a trial. This is form is
also known as traditional litigation. Some differences between the two are mediation is a
nonbinding process and can be used in disputes with family members, business partners, or
neighbors. When handling these situations, they can help lead the conversation in an appropriate
manner in order to come up with a solution. There is a chance for mediation to conclude without
a settlement. Although, arbitration guarantees a resolution of the dispute. Unlike mediation,
arbitration can be used in complex disputes. This is where parties want another person to find a
fair solution. At the same time, they would like to avoid the formality, time, and expense that is
required for a trial.
There once was this mother that had a child with an illness. Every time she would come into the
office, she would accuse her child’s doctor of withholding potential pertinent information from
her that could possibly have helped her child become healthier. She accused him of not talking
openly with her and attempting to mislead them. She decided she was going to attempt to sue her
child’s doctor for ineffective communication. An ADR is definitely appropriate for the situation.
They could start with mediation for the simple fact it would not be aggressive. Instead, it would
be coached and have an option approach. This approach could meet the needs of both the mother
and the provider with the additional benefit of reducing costs. This route would also give the
mother, child, and doctor a chance for encouraging disclosure and extending patient safety. Now,
seems how there is a slight chance the mother does not want to come to an agreement, then this
would lead straight into arbitration. Most likely, this would be a binding case. If the mother still
disagreed from there, then this case would make it all the way to litigation.

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