Mediation and Arbitration are both forms of dispute resolution. Legal Mediator Medghyne Calonge is happy to discuss some of the similarities and differences
TAMPA, FLORIDA, UNITED STATES, April 29, 2021 /EINPresswire.com/ — Often, when two parties cannot come to an agreement on a particular issue whether it be a family or civil matter, they may perhaps consider mediation or arbitration. At times people refer to the two processes interchangeably out of confusion or lack of understanding. Medghyne Calonge is here to discuss some of the main differences between mediation and arbitration and when you should consider using each option along with a few important points to keep in mind.
Brief Overview of Mediation
Mediation is a process for people who are experiencing disagreements and disputes to talk about their problems and concerns and to make decisions about the dispute with the help of a mediator. According to Medghyne Calonge, the mediator is a neutral third person that facilitates the resolution process in an informal and non adversarial manner with the goal of assisting the disputing parties reach a jointly voluntary agreement. Medghyne Calonge also shared that in mediation the disputing parties hold the decision-making power as the main role of the mediator is to assist the parties identify their issues and explore various settlement options.
Brief Overview of Arbitration
Arbitration is a process where people who are experiencing disagreements and disputes presents their arguments and facts in front of an arbitrator or an arbitration panel with the intention of attaining a victorious no-fault decision. According to Medghyne Calonge, anyone who agrees to enter the arbitration process will give the arbitrator full power to decide how the case will be settled. The arbitrator considers all facts and arguments presented by the parties and then declares a final decision. Medghyne Calonge also shared that arbitration is an adversarial process focused on fault and the outcome usually results in a win or lose kind of situation.
Medghyne Calonge Discusses When To Use Which Option
According to Medghyne Calonge when considering which option to utilize, it is wise to weigh the pros and cons. A few advantages to using mediation is that it is a private, confidential process, it is less expensive, the parties are in control, it is quicker than litigation, and it is a collaborative approach to problem solving.
A few disadvantages to using mediation is that all parties must agree, it may not result in a settlement, and it lacks predictability.
A few advantages to using arbitration is that it is less expensive, quicker than litigation, and more formal but still flexible. A few disadvantages to using arbitration is that it is adversarial, it has no predictability, and the arbitrator makes the final decisions.
According to Medghyne Calonge, If you are undecided on which alternative dispute resolution option to proceed with, then please note that it is crucially important to seek legal counsel for additional guidance. Working with an experienced legal professional is particularly important to make sure that you not only make the right decision regarding the appropriate dispute resolution process to select; but also, to assuring that your rights are protected.
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