2007-09-23 09:22:37 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
As releating to labor law, mediation is when a disinterested party sits in on negotiations and assists the parties with making a compromise. This occurs after the parties fail to meet an agreement on thier own.
Arbitration is the final step, and is binding, meaning both parties have to accept the result or the arbitrator. Both sides submit a final offer to the arbitrator. He picks one or the other, there is no compromise at this point.
2007-09-23 09:32:25 · answer #1 · answered by trooper3316 7 · 0⤊ 0⤋
They are completely different.
Mediation is a voluntary process -- where the two parties sit down with a mediator (referee) and try to work out a settlement agreement. The mediator is not a judge, cannot make decisions, and cannot take sides -- the mediator only helps the parties reach a decision -- or not. If the parties do not choose to settle, the mediator cannot force them to.
If the parties do reach a settlement, it creates a new contract that can be enforced in a court like any other contract. In some mediations (such as family law disputes), the agreement may even be incorporated into the court order -- but again, the parties must both agree or it's not mediation.
Arbitration is a mini-trial -- the arbiter acts as a judge, listens to the evidence, and then makes a decision (or award) about who wins, and what they get.
Arbitration can be binding -- in which case the decision can be enforced by a court -- or it can be non-binding, meaning it is just advisory.
About the only thing they have in common is that the parties must agree to participate -- except for court-ordered mediation (usually in family cases) or where a contract requires abitration.
2007-09-23 09:38:43 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
Regarding songndance1999's answer, the question was about mediation, not meditation.
The answer is that arbitrary is binding and mediation is an attempt to reach a solution acceptable to both sides, but it is not binding on either.
2007-09-23 09:36:39 · answer #3 · answered by StephenWeinstein 7 · 0⤊ 0⤋
meditation is when you clear your mind of all distractions and fix your thoughts on one thing or sometimes on nothing.
arbit-ration - is when you only have a certain amount of arbits and you have to ration them out so they'll last longer.
2007-09-23 09:29:11 · answer #4 · answered by songndance1999 4 · 0⤊ 2⤋