Monday, August 27, 2018

Mediation and Arbitration


Dr. Miriam Galindo, a licensed social worker and psychologist, works in private practice in California. In addition, Dr. Miriam Galindo is trained in mediation.

Bringing disputing parties together to resolve conflict, mediators are neutral third parties. Each party involved in mediation plays an active role in the process and is given the opportunity to tell his or her side of the story. This information helps the mediator provide helpful and relevant advice to guide the parties toward a resolution of their conflict.

Ultimately, the mediator has no power to decide who “wins.” The parties make the final decision in the resolution to their problem. 

Further, court trials are not replaced by mediation; trials are put on hold until an outcome is decided in mediation. If that outcome still requires a court hearing, the parties will go to court.

Mediation is noticeably different from arbitration. In arbitration, the trial is replaced and arbitrators have the final say over the outcome of the negotiation process. Extensive discovery is performed during arbitration to ensure that arbitrators have all the facts and evidence they need to make a fair decision.

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