What is the Difference Between Arbitration and Mediation?

As an arbitrator I frequently assist companies by acting as a chairman at disciplinary enquiries. I hear the testimony of both parties, review, analyse and decide as to the blame worthiness of the employee – arriving at a sanction that may include dismissal or something lesser.

I take charge of the proceedings, act as a judge, consider both sides arguments and make a decision that binds both parties.

Mediation is different.  As a mediator I assist both parties to recognise their issues and find common ground to reach an agreement.  I do not make their decisions for them – any agreement reached is their agreement and no one else’s.

I am the referee, allowing the parties to resolve their issues by talking things out and understanding one another’s point of view. I merely facilitate the process.

Why is mediation worthwhile?  Litigation is time-consuming, in the public eye and expensive. Even then parties often settle out of court! Mediation is a diplomatic way of solving disputes between companies and individuals; and less expensive.

For further information regarding mediation or arbitration contact me at graham@focussed-outcomes.co.za.