In our last post, we took a look at the issue of confidentiality in mediation and arbitration. As we noted, confidentiality is a central aspect of mediation, whereas it is generally not a characteristic of arbitration, though it may be in some circumstances. In addition to confidentiality, there is also the issue of enforceability, which is different in both mediation and arbitration.
We’ve been looking in recent posts at some of differences between arbitration and mediation. Here, we wanted to look at the issues of confidentiality and enforcement in both arbitration and mediation. First of all, confidentiality is an important aspect of mediation.
In our last post, we began looking at some of the differences between mediation and arbitration, two important forms of alternative dispute resolution. As we pointed out last time, arbitration is similar to a court trial, while mediation doesn’t typically seek to imitate the litigation process. Though the form medication takes depends on the style used, the aim of mediation is not to hand down decisions as a judge would.