What is the Difference Between Arbitrator and Mediator?

The main difference between an arbitrator and a mediator lies in their roles and the nature of the dispute resolution processes they are involved in. Here are the key differences:

Arbitrator:

• Arbitrators are neutral, trained individuals who serve as judges in a dispute resolution process, making decisions and resolving conflicts.
• In arbitration, the arbitrator listens to the facts and evidence presented by both parties and renders an award based on their interpretation of the law.
• Arbitration can be either binding or non-binding, depending on the stipulations of the arbitration contract.
• The arbitration process is more structured and similar to a court case, with each party making opening statements and presenting evidence.
• Arbitrators can have a variety of professional backgrounds but must be impartial and base their decisions on the law.

Mediator:

• Mediators are neutral, trained individuals who facilitate conversations between disputing parties to help them come to a consensus on their own.
• Mediation is a non-binding process that relies on the parties involved reaching a mutual agreement.
• The mediator's role is to define and understand the issues and each side's interests, helping the parties engage in creative problem-solving.
• Mediation is an informal process that encourages open communication and cooperation between the parties.
• Mediators must have experience in the field they are mediating, provide reference letters from previous service, and undergo thorough training.

In summary, an arbitrator acts as a judge who makes decisions and resolves disputes, while a mediator facilitates communication and helps parties reach a mutual agreement.

Comparative Table: Arbitrator vs Mediator

Here is a table comparing the differences between an arbitrator and a mediator:

In arbitration, a neutral, trained arbitrator serves as a judge who is responsible for resolving the dispute through a formal process, including hearings, evidence presentation, and testimony under oath. The arbitrator listens to the facts and evidence and renders an award, which is usually binding and enforceable like a court judgment.

In mediation, a neutral mediator assists the parties in facilitating difficult conversations and reaching a mutually acceptable agreement or settlement. The mediator does not have the power to decide the dispute, and the parties retain control of decisions impacting the outcome of the dispute. Mediation is an informal process, often involving discussions and voluntary sharing of information to help the parties reach a resolution.