Mediation/Arbitration: What's the Difference?
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- Опубліковано 25 сер 2024
- Do you know what the difference is between mediation and arbitration? Did you know that one of these two alternative dispute methods is legally binding while the other is not? Business Attorney Peter Lamont explains.
www.peterlamontesq.com & www.UTLRadio.com present Nationally Recognized and Top NJ Business attorney Peter J. Lamont, Esq. In this video, Peter explains the differences between mediation and arbitration. Fpr more information, please call (973) 949-3770 or e-mail Peter at plamont@peterlamontesq.com
I'm currently taking a Labor Relations course at a college in Wisconsin, and we had to watch this video as part of an assignment. I have to say, this is one of the best explanations of a course concept that I've ever had to watch. Thank you for using laymen's terms and giving simple examples, to allow your viewers to truly understand the concept you are trying to convey! We should all be more educated on our employment and business venture rights, and I appreciate the time you took to make this video!
Thank you for your comment! It is greatly appreciated.
I’m a recent graduate who just passed the bar and am going through character and fitness. I have a interview and they wanted to ensure i had a understanding of what arbitration and mediation is. This is a great video!! Love that you are very straightforward and used laymen terms so that the viewer can follow at ease. Great job! From here on out, I’m def gonna be watching and learning from you.
Thank you for clarifying the main difference between the two. You're the best!
Thanks! Glad it was helpful.
This was a helpful video in helping me with my current class. Thanks
Mediation is binding when the parties agreed to the settlement and made it binding. It only makes sense for parties to mediation to want to formally and completely settle any dispute when they are able to reach a settlement; and therefore, making the settlement binding (to prevent the other party from changing his mind). The key difference between mediation and arbitration is that the former is voluntary and the latter is not, as long as an arbitration agreement is valid in the underlying contract.
Great video Peter, i wish you were my professor
Thank you for watching the video and for your comment!
thank you so much l was struggling too hard in this topic but now its a walkover
Great and easy to understand
Thank you Peter! Believe it or not I'm studying for the architect registration exams, and this video of yours was really helpful. I kept reading about possible mediation and arbitration among the contractor, architect, and owner, and this video of yours helped me visualize both
Ara Hovsepyan Design thanks for watching! If there are other topics that you would like me to explain please let me know and I'll do a video on it!
I am a law student in India. Thanks for providing useful information.
I saw a many videos related to this subjects, This Guy is the best
Thanks Peter, this helps me a lot for my studies.
Good law classes
We appreciate your teaching
Thank you so much! You explained this better than my professor. Thank You Again!
Thank you for the great explanation and helping to explain the law in general.
+Marshall Carter Thank you for your comment! Please let me know if there are any specific topcis that you would like me to discuss in future videos.
Extremely well made. Your initiative is remarkable and I thank you for such work.
+Himayush Chopda Thank you for your kind words and for watching. Don't forget to subscribe to the podcast itunes.apple.com/us/podcast/understanding-law-blog-talk/id731534910?mt=2
I'm taking a business law course and your video was very informative. Thank you for taking the time to create such a valuable video.
I am getting ready to be a mediator. thank you so much! you gave a very clear concise difference between a mediator and a litigationist
Really enjoyed, trying to become an attorney going into litigation, you help me understand a lot wonderful teaching.
Thank you for your kind words. If you would like to request a specific topic for a new video, please feel free to ask!
Thanks for your lecture
Very informative. Indeed, there's power in understanding the law, and you made it clear and simple. Thank you
Excellent explanation, thank you
Glad it was helpful!
Thanks Peter for this grateful video. I‘m a law student in Germany and wanted to understand the differences of the mediation and arbitration for my final test. Thank you so much for this great video. I wish you were a professor here in Germany 🇩🇪 😄
Thank you for your kind words!
I'm from India. Ur video is Super EXCELLENT Awesome.... very well explained. 😁😁✌👍
Excellent and information delivered in an easy to understand manner. Thanks!
Thank you for your kind words!
Thank you was very informative.
cool explanation, thanks
Very Educative
Much appreciated! Thank you.
This video clarified my doubts. Thank you.
thank you. very helpful with an easy on the ears tone.
This is really helpful and also easy to understand. Thanks
Thank you for your kind words. I am happy that you liked the video.
thanks...
thank you sir much appreciated
Thank you very clear
Very quick and clear descriptions, thanks Peter!
Thank you for your kind words. If you have any additional questions, my contact information is listed at www.pjlesq.com
Wow, great video. What a great attitude toward educating the public on the law!
Sharing with my I/O psy course because you do a great job of explaining ways to resolve disputes in the workplace!
Thank you for the information sir.
You are very welcome!
Thank you sir,Can you make an exclusive video for arbitration explaining about the appointment of arbitrator,can the parties at dispute can appoint arbitrator appoint themselves or on approaching the court,it appoints, the kind of cases to arbitration about the jurisdiction of divorce cases in arbitration,arbitration agreement and also a video for conceleation
+Gowrishankar Ethirajan thank you for your comment. I will put something together on this topic early next week.
Now I got the clarity. Thanks.
Well explained keep it up sir
Thank you!
Really liked this my daughter got hit by a semi truck and she was taken to hospital broken pelvic and I just don’t know what all but she developed blood clots in her lungs and she died and they are supposed to meet with my 2 grandsons for arbitration so this was really helpful information.thank you they are meeting January 2nd 2023
How do I approach fraudulent misrepresentation : with my family's identity theft: for my means, resources, and ongoing business investments, intellectual/properties?
Thank you 🙏🏼
very nice sir, its really helpfull vedio. thank you very much.
Thank you for your kind words!
Thank you for clarifying, from Namibia
Glad it was helpful!
Thank you for your video! It would be also valuable if you add pros and cons in case of chiding arbitration or mediation.
Wonderful
Thank you!
Great job Peter!
Did anyone see the ad about going to space and seeing earth? Best ad ever
Excellent videos and good amount of information for anyone graduated from a law school to have a huge background about international arbitration field which m willing to work at ....So my question is ( what to do to be an international arbitrator ) i mean for us as an Egyptian students that career is not well-practiced here in the country as it should be so how to be an international arbitrator such question we didnt find an answer for it here i wish we find a practical answer from u
Thank you for your kind words. If you have any additional questions, my contact information is listed at www.pjlesq.com
Thanks alot for this video. it's useful 🙏👍
Peter, you mention after an award in Arbitration "You can go to court and you can try to enforce that arbitration award" Can you explain this process of collecting an ARB award?
Thanks peter
My pleasure!
Thanks it is really fruitful video Could u please add also a vedio abut an international arbitration, when needed and how it could be conducted and on what basis
Awesome! Outside the US, I'm also benefitting
Thank you for your kind words and for watching the videos!
Thanks 👍 love the info!!
Thank you for your comment!
Really helpful content 😊🎇
Thanks Peter Valuable information in easy and simple way.. We wish if you could share some information on Arbitration Cost and legal cost expenditure to be bear by parties entered into Arbitration
One thing that should not be neglected of being mentioned is that in most cases the Arbitrator is the only friend we have in and arbitration meeting.
In reality, the arbitrator is a neutral, third-party. If an arbitrator show bias towards one party or the other, his decision could be overturned. Typically, it is nearly impossible to overturn an arbitrator's ruling. However, bias is one of the limited exceptions.
what the app's name on Apple store?
very well expand thx
Thank you so much it was really useful and valuable
I just tried to call the number you provided but was unsuccessful getting through.
Thanks for the great video!
Thank you ! Its helpful
thnkw sir its really helpfull ;-)
Thank you!
Absolutely! A clear understanding of the law empowers. I appreciate
Thanks!
Thank you soo much , i really appreciate your explaination
Thanks !
Can you claim the "less than 30 day" section in the CCRs lack clarity & detail to disqualify it & continue sporadic guest sharing. I dont see how they can consider allowing a guest stay a few days here & few days there to be "rentals" or "leases.". That's total bs!!! It should be the opposite! Rentals & leases should only become valid if the occupancy is over 30 days!!! Please correct me!!
Good explanations
Thank you!
Great video have to do a presentation and this is so helpful.. Thank you alot. 🤗🤗
Thank you . I understood it very well :)💕
thank you so much ... it helped me a lot
nice presentation
You can file for a waiver of fees as a Pro Se Litigate, it works, only if you have low income... it's beautiful and it works.
Thank you so much. I find this is helpful for my assignment :D
Thank you for your comment!! Let me know if there are any topics you would like to see me address in future videos.
***** I want to know more about the insurance payouts of MH370, literally and factually. Thank you
Very well explained! Thank you. (-:
Thanks for the explanation. Helps to promote ADR culture globally great job. Saludos de Mexico.
GREAT Video doing my continued education pnline with McKissock is there an app for Android?
Great video, I have a follow-up question. Is the arbitration process between the public & the private sector different?
Thanks for your comment! It can be procedurally different but it is generally the same with respect to the binding effect it has.
should the parties get their case of arbitration registered in court before they go for it?
How can I get the app, I really appreciate you because I have been going through a lot on a few different fronts. Thank you so much... Can you talk about courts ruling in favor of guardians that have no clue of family members.
american arbitration association commercial vs consumer ?
sir, difference between adjudication and litigation.....plz it will be helpful
Great video!
Can we, as a party, also choose my arbitrator? like we can do in mediation.
Interesting. I will call.
Is there any way to disqualify an HOA assault on home owner? Eg. They need to produce the original HOA CCRs, right? Can you insist on the ORIGINAL and demand dismissal of the arbitration process, at any point, if they can't produce the REAL original? Are there any way to disqualify the process based on these things? Because I really don't see why there is such a big desire to not allow people to rent their place for less than 30 days!! Renting for a few day here & there is far less obtrusive on the unit & premises than having a family or couple occupying a place every day!!
Thanks for a great video. What application is it ?
well explained !! thanks !!
Thank you!
Mediator- non binding
Arbitration- binding
Great explanation thanks for sharing :)
+Mariana Leon Thank you for your kind words! Don't forget to subscribe to the channel and the podacast. itunes.apple.com/us/podcast/understanding-law-blog-talk/id731534910?mt=2
Thank you for a great explanation of Mediation and Arbitration, i much appreciate it. I would prefer if kept the videos tighter, with less of the chit chat.
very helpful
Thank you for your comment!! Let me know if there are any topics you would like to see me address in future videos.
Goodjob
+Whatever thank you ! Don't forget to subscribe to the channel and the podcast itunes.apple.com/us/podcast/understanding-law-blog-talk/id731534910?mt=2
hi id l find out if usaa comes to a settlement of only 18 k for my ankle exacerbation before court or mediations will they increase their offer before mediation or during
Hello Mr Lamont. I have a questions ....By law does a attorney have to inform their client of their right to arbitration?
Thank you for your question. There is not a definite answer to this. Let me explain. An attorney is ethically obligated to communicate case developments, legal information, settlement offers, etc. with his/her client. If there was a mandatory arbitration, the attorney would likely be obligated to inform his client. As far as information the client about a "right to arbitration", it really depends on the situation. If there is a contract with an arbitration provision and the attorney files a lawsuit because he/she missed the arbitration provision, then maybe the attorney would be in the wrong. Since I don't know your situation it is not easy to give you a firm answer. An attorney is obligation to communicate important events/issues with his/her client.
Love your work Peter thank you! What’s your app called?
Hello, can I ask what is the difference between mediation and conciliation then?
+Raphael Fotiou Thanks for your question. Here is some information about the differences. Conciliation is another dispute resolution process that involves building a positive relationship between the parties of dispute, however, it is fundamentally different than mediation and arbitration in several respects. Conciliation is a method employed in civil law countries, like Italy, and is a more common concept there than is mediation. While conciliation is typically employed in labour and consumer disputes, Italian judges encourage conciliation in every type of dispute . The “conciliator” is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution.
Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory common agreement. Although this sounds strikingly similar to mediation, there are important differences between the two methods of dispute resolution. In conciliation, the conciliator plays a relatively direct role in the actual resolution of a dispute and even advises the parties on certain solutions by making proposals for settlement. In conciliation, the neutral is usually seen as an authority figure who is responsible for the figuring out the best solution for the parties. The conciliator, not the parties, often develops and proposes the terms of settlement. The parties come to the conciliator seeking guidance and the parties make decisions about proposals made by conciliators. In this regard, the role of a conciliator is distinct from the role of a mediator. The mediator at all times maintains his or her neutrality and impartiality. A mediator does not focus only on traditional notions of fault and a mediator does not assume sole responsibility for generating solutions. Instead, a mediator works together with the parties as a partner to assist them in finding the best solution to further their interests. A mediator’s priority is to facilitate the parties’ own discussion and representation of their own interests, and guide them to their own suitable solution- a good common solution that is fair, durable, and workable. The parties play an active role in mediation, identifying interests, suggesting possible solutions, and making decisions concerning proposals made by other parties. The parties come to mediator seeking help in finding their own best solution.
Thank you for the guidance.
helps..
From Mauritius
Thank you for your kind words. Good luck! If you have any additional questions, my contact information is listed at www.pjlesq.com