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Difference between mediation, arbitration ADR procedures.

Publication: San Fernando Valley Business Journal
Publication Date: 19-JUN-06 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Difference between mediation, arbitration ADR procedures.(Ask The Attorney)

Article Excerpt
Question: I hear a lot about mediation and arbitration. I really don't know how one differs from the other. Can you explain?

Answer: Both mediation and arbitration are forms of alternative dispute resolution (otherwise known as "ADR"), but that is where their similarities end. Take mediation first. California Evidence Code Section 1115 defines "mediation" to mean "... a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement." Although a group of individuals or an entity may fill the role of mediator, it is almost always an individual. Features and benefits unique to mediation which make it more advantageous than litigation include the following:

* Mediation is a voluntary process. It commences when the parties agree to commence and continues only so long as the parties agree to continue.

* Confidentiality. Absent a statutory exception, like that sleepy city just over the California/Nevada border, what is said in mediation stays in mediation....

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