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MEDICAL LAW
1
Arbitration versus Mediation
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MEDICAL LAW
2
Arbitration versus Mediation
Arbitration Generalities
Arbitration is a type of alternative dispute resolution (the acronym being ADR). This refers
to the process of resolving civil disagreements among two or more parties avoiding litigation. In
other terms, this is a way of settling legal conflicts without going to the court system. Arbitration
can be divided into two categories. The two parties simply agree with the arbiter's decision when
it leads to binding arbitration. Regardless of the ruling, neither side has the option of going to the
courtroom if they are dissatisfied with the outcome. If either side is displeased with the outcome,
nonbinding arbitration allows them to sue. The purpose is for the arbiter to be seen as impartial.
They're also supposed to be unobtrusive. They are appointed to listen to the facts of both sides'
disputes and ensure that their rights are upheld. After that, they devote themselves to reaching a
final selection (Wiradisuria et al., 2020).
Mediation Generalities
Mediation is conducted with the assistance of a skilled mediator. It is a private and
unofficial approach for individuals to resolve a problem. Mediation's main objective is to reduce
the danger posed by any conflict and also to avoid situations of conflict from interfering with a
mutually beneficial solution or an agreement. The mediator serves as an impartial third party.
They stimulate debates rather than deciding who is correct or incorrect. They also do not make a
decision; rather, they help conflicting parties in settling the disagreement. They accomplish it by
employing negotiating tactics and special language. Regulation, price, reciprocity, assistance,
conformity, and secrecy are some of the advantages of mediation.
Similarities
MEDICAL LAW
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Mediation and arbitration share a few similarities: these two seem to be forms of
alternative dispute resolution, and they both involve a neutral intermediary. A third person
oversees the procedure along with both parties, who has the purpose of assisting all parties in
reaching a consensus during a conflict. An additional resemblance is also that these two may
both be utilized to reach an agreement among two disputing sides without the need for a trial.
Classical litigation is another name for this type of case (Morreim, 2014). Mediation is a
technique that may be utilized in disagreements involving relatives, business associates, and even
neighbors, among o...