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Arbitrators
are like "little judges." They conduct formal hearings,
with lawyers usually representing each side. After the hearings,
the arbitrator takes as long as needed (usually months)
to issue a written decision. This decision is a judgment,
which is mostly binding on the parties. The arbitrator decides
who is right and who is wrong, and what should be the outcome.
The
mediator, in contrast, does not make judgments of right
or wrong and does not make decisions for the parties. The
mediator helps parties find solutions that meet part or
most of the needs of both sides. The goal is a fair agreement,
that satisfies both sides, not a decision that leaves one
side a winner and the other a loser, as is the case in arbitration
and in the courts.
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If
you are unable to resolve your differences, and the dispute
goes on and on. |