People usually avoid a court case, because of various reasons like a time consuming, unpredictable outcomes, emotionally exhausting, and of course extremely expensive. Therefore, people seek other resolutions to settle their disputes. Other then litigation or court case mediation and arbitration are two options that one can seek to settle disputes. In this article, you will learn about the role of an arbitrator and mediator and the key differences between the responsibilities of both.
What is Arbitrator?
An arbitrator is a neutral person who evaluates evidence and testimony by parties having a dispute of some kind. The evidence and testimony are presented by both parties one by one at a hearing. After analyzing the evidence and testimony of both sides, the arbitrator issues his decision on the dispute. Usually, an arbitrator is hired by disputing parties to resolve their issues out of the court. Therefore, an arbitrator can be considered as a private judge. If the arbitration is binding then parties can’t seek the help of court for the reversal of the decision.
However, the winning party can seek the help of the court for the implementation of the said decision. In simple words, an arbitrator serves as a referee and decision maker during the hearing between the parties. The rules for arbitrator are outlined in the arbitration agreement and is required to abide by all the rules. However, in all countries, there are special organizations for arbitrators.
For example, in America, the name of the arbitrators’ organization is the American Arbitration Association. If an arbitrator is a member of any such organization then he should abide by the rules of the organization along with a set of ethical rules.
Role of an arbitrator
i) Handling the investigation process and applying all rules and law mentioned by the arbitration association.ii) Inferring and implementing all the rules and laws of arbitration.
iii) Evaluating and studying the testimony, documents, and arguments provided by both parties at the time of a hearing.
iv) Providing a final decision after analyzing all evidence and testimonies from both sides and in few cases also decide the award of money for the winning party.
What is Mediator?
A mediator is a person who helps in enabling the communication between two disputing parties and assist them to reach a mutually satisfactory resolution. Unlike an arbitrator, a mediator is not responsible to take decision for both parties. A mediator can be any person who is enjoying full civil rights and have full legal capacity. A mediator is not necessarily to be a judge. however, a retired judge can play the role of a mediator. For legal purposes, a list of lawful mediators is kept with the mediation centers and are approved by the presidents of regional courts.
Mediation centers have the authority to decide the qualifications and requirements of a mediator if a person wants to become a permanent member of the mediation center.
Roles of a mediator
i) A mediator should be unbiased and he should conduct the mediation process impartially and unbiased manner.
ii) A mediator should withdraw or decline from the role of mediator if he can’t remain impartial because of any kind of reasons.
iii) A mediator should make all inquiries to find out any type of potential conflict.
iv) A mediator should avoid all type of conflicts of interest during or after the mediation process between the disputing parties.
v) A mediator should keep the confidentiality of the whole mediation process even after the end of the mediation process.
vi) A mediator does not take decision for the disputing parties, but make them reach a settlement with the help of communication, relevant documents, and creating options.
Difference Between Arbitrator And Mediator
| Arbitrator | Mediator |
|---|---|
| An arbitrator resolves the issues between the disputing parties outside the court | A mediator enables communication between disputing parties. |
| An arbitrator provides a decision for the settlement. | A mediator does not provide any decision for the settlement. |
| The decision provided by an arbitrator is binding and can’t be challenged in court. | A settlement decision reached between two parties in the mediation process is not binding and can be challenged later by any of the parties. |
| An arbitrator is chosen to settle major disputes where expertise is required. | A mediator is usually chosen to settle minor disputes when disputing parties do not want to get involved in the litigation process. |
In the end, it is apparent that both arbitrator and mediator help people to settle their conflicts when they want to avoid litigation. However, the decision of the arbitrator can’t be challenged whereas the solution reached in the mediation process is not binding.
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