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What Is The Difference Between Mediation & Arbitration?

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From Quick Guide: Bankruptcy Mediation Checklist

Summary: Both mediation and arbitration are alternative dispute resolution procedures that can be resolved without using the court system. Learn the difference between arbitration and mediation with advice from a certified family mediator in this free video on legal information.

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By Robert M Todd
eHow Presenter

Robert Todd is the managing partner and president of Robert M. Todd, P.A. and Family Law Solutions. He is a certified family mediator and Florida Supreme Court certified civil...read more

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Video Transcript

"You are in the middle of a dispute, with another party, and you've heard the terms tossed out, mediation and arbitration, and you don't know which way to turn. Hi, I'm Robert Todd, and I'm here to answer the question, What is the difference between mediation and arbitration? They're both alternative dispute resolution procedures, which means they both can help you arrive at a decision, away from simply using the court system, that exists in your state. However, they are very different. In arbitration, an arbitrator or a panel of arbitrators, actually take evidence, listen to both sides, and make a decision. Depending on whether it's binding arbitration or non-binding arbitration, that decision can either be appealed from or not. In a binding arbitration, generally the appeal, there is no appeal. In a non-binding arbitration, there is still an appeal, and other avenues. In a mediation, a neutral third party sits down with the parties and their attorneys, and assists them in trying to arrive at an agreement. This mediation process, the parties themselves, decide what the outcome is going to be, or if in fact, there's even going to be an outcome. I'm Robert Todd, and thank you for watching."

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