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It is important to note that the mediator does not reach the solution; the parties do, with the mediator’s help. Although conflict is difficult to deal with, and emotions often run high, you should come to mediation with an honest desire to reach a settlement that is fair to both and workable in practice. Participants in mediation must be prepared to be flexible in moving away from their initial positions to seek solutions which meet as many of their mutual interests as possible.
There are similarities between arbitration proceedings and those of the courtroom.
- The arbitrator hears evidence from witnesses for the parties.
- Each side is represented by a spokesman or advocate
- The arbitrator listens to the arguments and produces a binding award, just as a court gives a judgment.
The differences between litigation / arbitration are:
- No long written pleadings (through briefs and written argument can be used and are sometimes very effective)
- Delays and extra “motions” are eliminated, or at least kept to a minimum
- The rules of evidence and formality are relaxed and less constrictive