Mediation Mediation refers to a process in which an impartial person helps parties to a dispute to communicate and to make voluntary, informed choices in an effort to resolve their dispute. A mediator, unlike an arbitrator, does not issue a decision regarding the merits of the dispute, but instead facilitates communication between the parties to help them arrive at a mutually agreeable settlement. Desk Arbitration Desk Arbitration is a process in which parties submit disputes to a neutral third person for a decision on the merits. Each party has an opportunity to present evidence to the arbitrator in writing. Arbitrators are not required to follow the Rules of Evidence used in court.
Arbitrators decide cases by written decisions or awards.
An award is usually binding on the parties, depending on the agreement to arbitrate. If necessary, a binding arbitration award may be enforced as a court judgment, but judicial review of arbitration awards is limited. Neutral A Neutral is a mediator, arbitrator, or other independent, impartial third person selected to serve in a dispute. ADR Agreement An ADR Agreement is an agreement between a business and a consumer to submit disputes to mediation, arbitration, or other ADR Processes. An Independent ADR Institution is an organization that provides independent and impartial administration of ADR programs for consumers and businesses.