What comes first arbitration or mediation?

What comes first arbitration or mediation?

Arbitration is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal. Although mediation procedures may vary, the parties usually first meet together with the mediator informally to explain their views of the dispute.

When should mediation not be used?

Mediation may not be suitable when: one or both parties need an impartial opinion on a matter of difference, perhaps to set a precedent or to be vindicated publicly on an issue in dispute, a party is certain that it has a straightforward case, deliberate counterfeiting or piracy has occurred.

What are the pros and cons of arbitration compared to mediation?

Arbitration is much faster than litigation. Unlike mediation, the arbitrator has the authority to issue binding rulings on the two sides, even if one side doesn’t want to cooperate.

Do you have to be an attorney to be an arbitrator?

An arbitrator is an expert in the subject of the dispute, and has had formal training in arbitration. Many, but not all, arbitrators are lawyers. In most states, arbitrators are only required to maintain neutrality and have some expertise in the field of the dispute.

Who usually pays for arbitration?

In most cases, the parties to an arbitration divide the cost of the arbitrator’s fees and expenses evenly – that is, each pays half.

What are the qualifications of an arbitrator?

Essential qualities needed to become a successful arbitratorExperience – To be an arbitrator you must have excellent judgment. Professionalism – An arbitrator must leave his or her ego at home and not bring it to work. Project Management – Planning and efficiency in execution are important.