Most firms find arbitration and mediation clauses to be superior to litigation,

Question

Most firms find arbitration and mediation clauses to be superior to litigation, which tends to be more costly and take longer. Of course, the potential litigant faces the same issue, so most people think carefully before suing.

Arbitration is binding through conclusion. An agreement to mediate does not force binding resolution, but has a high success rate and has the advantage of being less adversarial than arbitration, which tends to encourage reasonable settlements with less bitterness.

1. Which one do you feel is a better form of concluding a court process?

Explanation / Answer

I personally feel mediation is better thing than arbitration. Mediation is a win-win situation for both the parties as they will save lot of time and money in the process Mediation enjoys such high success rates because the parties are brought together in an environment where they can freely and confidentially present their position in front of a neutral third party The neutrality and more relaxed atmosphere of mediation may eliminate the desire to continue hostile litigation once both parties have seen all the issues in a fair light Mediation can be used for any kind of dispute; there is no need to wait until a dispute results in a lawsuit and is sent to mediation by a judge.

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