ALTERNATIVE DISPUTE RESOLUTION METHODS
♦ Mediation (Non-binding)
Mediation is a process by which both sides of a conflict are assisted into finding a middle term. Mediation is sometimes a negotiation with the difference that it is supervised by a person or authority empowered to oversight and lead the process. When mediation fails, then the litigation or conflict may be placed under arbitration. This process is fully directed by a person or authority empowered as arbitrator who has, in fact, the same powers of a judge but limited to the conflict in question.
♦ Arbitration (binding and non-binding)
Arbitration is not directed to find a middle term to be agreed by the sides. It is directed to conclude and impose a final decision or resolution of the conflict in the most fair and possible way following justice and after hearing and evaluating the positions of both sides. During mediation the sides in conflict have part in the final decision while in an arbitration they can only present their claims but have no part in the final decision.
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