Mediation and arbitration give the neutral different roles
When a dispute cannot be settled by the two sides alone, bringing in a neutral third party can mean two very different things. A mediator helps the two sides talk through the problem until they craft their own agreement, whereas an arbitrator listens to the evidence and hands down a decision like a private judge.
Questions you could explore
- What control do the parties retain in each approach?
- How does helping parties reach agreement differ from issuing a decision for them?
Start reading
- World Intellectual Property OrganizationMediation
Explains a consensual process in which the mediator assists the parties rather than imposing an outcome.
- World Intellectual Property OrganizationArbitration
Explains how parties submit a dispute for an arbitral decision. The agreement and applicable law determine the process and effect.
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