Arbitration vs mediation the definition of mediation as a problem solving process the definition of mediation as a dispute resolution process and how to use mediation to manage conflict by lawrence susskind on december 16th 2019 mediation. How to resolve business disputes with arbitration or mediation arbitration is a hearing process in which parties bring their dispute to someone for a decision mediation is a facilitation negotiation process in which a trained mediator works to bring the parties to an agreement in mediation there may not be a formal dispute but just a . Like mediation the arbitration process is confidential unless it becomes necessary for the prevailing party to file the arbitration award with an appropriate court to seek enforcement once filed with the court the award can be made an enforceable judgment of the court and be enforced the same as any other court judgment. The arbitrators decision in binding arbitration is final and cannot later be taken to court except in rare cases of fraud or misuse of power during the process arbitration award an arbitration award is the award of damages to a party in the arbitrators decision. Arbitration can help solve tech litigation problems time is a serious problem major litigations in the us typically take 3 to 5 years to reach a final judgment the process starts with
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