Mediation, Arbitration, and Litigation

Mediation, Arbitration, and Litigation Mediation, Arbitration, and Litigation Mediation, Arbitration, and Litigation By Maeve Maddox In general usage, mediate and arbitrate are synonyms. However, as a reader pointed out when I used the words mediator and arbitrated in a sentence illustrating the difference between uninterested and disinterested, the roles of mediator and arbitrator in a legal context are distinct. Note: Like arbitrator, the noun arbiter also means â€Å"one who judges.† Arbiter usually refers to someone who judges matters of taste or etiquette: â€Å"Gradually, the arbiters of the New York art world caught on. Superlatives in The New York Times became almost routine.† The reader, who has served as both mediator and arbitrator, explains the difference this way: As a mediator, I help to facilitate a resolution of matters  in dispute, a resolutionthat all parties then agree to. I do not decide the matter, the parties do.    As an arbitrator, I act as a judge although I consider the parties respective  proposals for resolution, I decide how the matters will be resolved. Because litigation is time-consuming and extremely expensive, processes called mediation and arbitration have become popular as alternatives or adjuncts to litigation. litigation: any lawsuit or other resort to the courts to determine a legal question or matter. mediation: an attempt to settle a legal dispute with the help of a mediator (neutral third party) who works with the disputants to find points of agreement and reach a fair solution. arbitration: an informal trial presided over by a person or panel of persons (neutral third parties) who are not judges in the judicial system. Mediation may or may not result in a satisfactory settlement. With arbitration, the disputing parties (usually) agree in advance to accept the decision of the arbitrator/s. Sources: FindLaw.com and Law.com Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Has vs. HadWhen to Form a Plural with an ApostropheIf I Was vs. If I Were