Difference Between Mediation And Family Dispute Resolution

Mediation and arbitration are different terms.

Difference between mediation and family dispute resolution.

Arbitration is an alternative to formal court proceedings where an independent neutral arbitrator makes decisions about disputes between parties as opposed to a judge. The process of dispute resolution in which a third party intervenes in an attempt to resolve it by enabling communication between parties is called mediation. Here is the basic definition of both. But before moving forward with possible alternative dispute resolutions you should first know the difference between arbitration and mediation.

Adr or alternative dispute resolution is an endeavor to devise machinery which ought to be fit for giving a contrasting option to the ordinary techniques for settling disputes between the parties. Negotiation is a process where two parties in a conflict or dispute fight reach a settlement between themselves that they can both agree on. Understanding the difference between the two processes can help you determine which approach would best resolve the specific issues you are facing. Counseling and mediation are both valuable ways resolve conflict and in some cases can even complement each other when used in combination.

It is given to one or more arbitrators and they make the binding decision. While conflict resolution is a broad term that may describe a variety of different alternative dispute resolution methods mediation refers to a specific process in which a neutral third party helps two warring sides come to a resolution on their own. Alternative dispute resolution as the name suggests is the method of solving a private personal dispute outside the court of law. In family law.

This is a compulsory mediation which is required prior to commencing any court proceeding. The parties prefer private dispute resolution because they don t want to go to court. In arbitration a dispute is submitted after an agreement between both parties. Mediation and conflict resolution are types of dispute resolution often used to solve legal issues outside of the courtroom.

There are several advantages of adr which include speedy administration of justice prevention from long waiting hours self paced process client friendly process cost effective process and so on. An example of mediation in family law is family dispute resolution. In its most basic form mediation is an informal discussion between a minimum of two people to air issues create solutions and examine options to resolve a disagreement or dispute. The three methods are.

Adr aims to resolve the disputes of the litigant. Alternative dispute resolution refers to methods of resolving disputes or conflict other than traditional litigation or the court process.