Negotiation in the Context of Arbitration

By Erin Gleason, Independent Arbitrator and Mediator

Mediation and arbitration are often categorized as separate and distinct fields for good reason.  Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation among parties.  There is a formality attached to arbitration that one usually does not find in mediation.  While the arbitration process is prescribed by rules, the mediation experience is created by the parties and the mediator to fit the needs of a particular dispute.

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