MEDIATION – ARBITRATION EXPLAINED:
As the name of the topic suggests Mediation–Arbitration is a conversion of unsuccessful mediation to arbitration. Not always do parties come to an agreement. Sometimes one party is more adamant than the other and does not wish to budge from its position. In that case, they decide to leave the final decision in the hands of the Mediator if he/she is also an Arbitrator. In the mediation process, the mediator does not provide any legal guidance or opinion. A mediator does not make any decision on behalf of any party. However, in the Arbitration process, the Arbitrator provides his/her opinion in the form of an award which may or may not be binding.
The reverse is also possible, whereby the parties engage an Arbitrator but if not satisfied with the arbitration award, they may want to come up with their own agreement by engaging in mediation. Thus, the Arbitrator now plays the role of a Mediator. This will be Arbitration-Mediation.