Question 1

Which is better mediation or arbitration?

Accepted Answer

Arbitration and mediation lawyers usually make both the processes convenient. However, the answer to which is better - mediation or arbitration may depend upon the consensus of both the parties to conflict regarding the matter. If both wish to mediate and settle on a mutual ground, mediation is better. However, if nobody wants to settle for any less but wish quick redressal, arbitration may prove better.

Question 2

What does a lawyer do in arbitration?

Accepted Answer

Arbitration lawyers help their clients just like a litigation advocate. They know the legal grounds, application of law, relevant clauses, etc. Hence, an arbitration attorney puts forward the matter before the arbitrator.

Question 3

Can mediation and arbitration be combined?

Accepted Answer

Yes, arbitration as alternative dispute resolution may be combined with mediation. Although the difference between arbitration and mediation and conciliation lies in the process. Parties may start with one and if things do not follow the track, it may be switched on to another mode as per convenience. Arbitration and mediation lawyers may be better able to assist based on the facts of the case.

Question 4

Is arbitration cheaper than mediation?

Accepted Answer

Although the costs vary depending upon the arbitrator or mediator appointed as well as the arbitration and mediation lawyers hired. However, mediation is usually more cost effective as compared to arbitration since it's just a twin brother of litigation which requires the experts involved as arbitration attorney and arbitrator to be well versed with the law and process.

Question 5

What are the disadvantages of arbitration?

Accepted Answer

Arbitration in ADR also has two sides of the coin. The process may be flexible but sometimes lacks transparency. The arbitration orders reached upon through arbitration lawyers usually have restricted options of appeal. Also, the nature of conflict decides whether arbitration as alternative dispute resolution shall prove effective or not.

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