Mediation vs Adjudication: Which is Better for Dispute Resolution?
When faced with a dispute, it is important to know the different ways it can be resolved. Two common methods are mediation and adjudication. While both methods have their own advantages, it is generally considered to be the better option. In this article, we will discuss the differences between mediation and adjudication, the advantages and why it is the preferred method of dispute resolution.
What is Mediation?
It is a voluntary process the mediator, helps two or more people in reaching an acceptable solution to their dispute. The mediator does not make a decision for the parties, but rather facilitates communication between them, helps them identify the issues at hand, and helps them come up with options for resolving their dispute.
What is Adjudication?
Adjudication, on the other hand, is a process where a third party, the adjudicator, makes a binding decision on the dispute. Adjudicators are usually appointed by an organization or a court, and their decision is final and legally binding.
Differences between Mediation and Adjudication
Decision-making: The parties themselves make the decision on how to resolve their dispute. In adjudication, the decision is made by the adjudicator.
Voluntary vs Mandatory: It is a voluntary process that requires the agreement of all parties. Adjudication, on the other hand, can be mandatory if it is part of a contractual agreement or required by law.
Time: It is generally a quicker process than adjudication. Adjudication can take a long time to complete, especially if there are appeals.
Cost: It is usually less expensive than adjudication. Adjudication can be very costly, especially if the dispute goes to appeal.
Advantages of Mediation
Confidentiality: Mediation is a confidential process, which means that what is said during mediation cannot be used in court.
Flexibility: It is a flexible process, which means that the parties can come up with creative solutions that might not be available in adjudication.
Control: It gives the parties more control over the outcome of their dispute. In adjudication, the decision is made by the adjudicator.
Maintaining Relationships: It can help maintain relationships between the parties, whereas adjudication can create winners and losers.
Why Mediation is Better
While both methods have their own advantages, mediation is generally considered to be the better option for the following reasons:
Cost-effective: It is usually less expensive than adjudication.
Quicker: It is generally a quicker process than adjudication.
Confidential: It is a confidential process, which means that what is said during the process cannot be used in court.
More Control: It gives the parties more control over the outcome of their dispute.
Preserves Relationships: Mediation can help maintain relationships between the parties.
When faced with a dispute, it is important to consider all of the available options for resolution. While both mediation and adjudication have their own advantages, mediation is generally considered to be the better option.
The process is a cost-effective, quick, and confidential process that gives the parties more control over the outcome of their dispute while maintaining relationships between them. If you are looking for an effective way to resolve a dispute, consider it as your first option.
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