|
Mediation
|
|
Arbitration
|
| 1. |
Facilitated
negotiation is an art |
1. |
Adjudication-informal
procedure |
| 2. |
No decision-maker.
Mediator is a catalyst |
2. |
Involves
decision-maker |
| 3. |
Avoid
or break an impasse, diffuse
controversy, encourages to generate viable options |
3. |
Impasse
has already set in when it is submitted to an Arbitrator |
| 4. |
More
control over the process |
4. |
Less
control in the proceedings |
| 5. |
Many
settlement options |
5. |
No option
with the parties-only Award |
| 6. |
Relationship
of parties not strained |
6. |
Relationship
may deteriorate |
| 7. |
High
degree of commitment to settlement |
7. |
Award
imposed by an arbitrator. |
| 8. |
Parties
participation in decision making |
8. |
Decision
making process is with the arbitrator |
| 9. |
No winner
no loser,only resolving the problem |
9. |
Award
is in favour of one of the parties, the other party is a loser |
| 10. |
Confidentiality
of proceedings |
10. |
No such
statutory requirement |