Which feature distinguishes mediation from arbitration?
Answer and explanation
Correct answer: D. In mediation a neutral helps the parties reach their own settlement
- Step 1: Mediation is facilitative and arbitration is adjudicative.
- Step 2: An arbitrator's award binds the parties under the Arbitration Act 1996, while a mediation outcome binds only if the parties sign a settlement.
Answer
In mediation a neutral helps the parties reach their own settlement.
Why not the others: Roles are reversed in the first; arbitration is also confidential in practice; neither is conducted by the court.
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