The difference between arbitration and mediation Arbitration and mediation are very similar, for example, they all follow the principle of voluntariness, and all disputes are handled by third parties without the help of state power. Some people mistakenly think that arbitration is mediation. In fact, there are essential differences between arbitration and mediation. The first mediation was arbitrary. I the difference between arbitration and mediation 1. As far as the parties are concerned, "reconciliation" is generally a matter between the two parties to the dispute; Mediation shall be presided over by a third person or organization; The main body of arbitration is the arbitration institution. 2. From a voluntary point of view, mediation means that the parties voluntarily reach an agreement, mediation should be presided over by a third person or organization, the parties still have the will, and arbitration can be compulsory according to law. 3. In terms of legal effect: the settlement has no legal effect, and the parties can go back on their word; After judicial confirmation, the conciliation statement is legally binding and can be applied for compulsory execution. Although the ordinary mediation agreement has legal effect, it cannot be applied for enforcement. Arbitration has legal effect and can be enforced according to this requirement. Second, the importance of arbitration mediation In China, mediation is an important link in the arbitration procedure. Mediation procedure can only be started on the basis of the parties' willingness, and it is not a necessary stage in arbitration procedure. When hearing a case, the arbitration tribunal will ask the arbitration parties whether they are willing to mediate. If the parties agree, the arbitration tribunal will preside over mediation; If the parties are unwilling to mediate, the arbitration tribunal cannot start the mediation procedure, so whether to start the mediation procedure in the arbitration procedure depends on the voluntary choice of the parties. In the process of hearing the case, the arbitration tribunal will, on the basis of finding out the facts and distinguishing right from wrong, urge the parties to make mutual understanding and accommodation and reach a mediation agreement according to the principle of fairness and reasonableness; An award or conciliation statement may also be issued at the request of both parties. Mediation has unique advantages in solving disputes quickly and reducing the cost of the parties: 1. If the parties can reach an agreement and sign a mediation agreement, the arbitration commission will refund part of the arbitration fee to the parties according to the actual situation of the case. 2. If an agreement is reached through mediation, the proportion of automatic performance is higher, which saves the cost of application execution and effectively reduces the risk of one party applying to the people's court for cancellation or non-execution. Resolving disputes through mediation can maintain friendly relations between the two sides, which is conducive to their future business exchanges and cooperation. In view of the many advantages of mediation, the parties should take mediation under the auspices of the arbitration tribunal seriously, make full preparations and actively participate. First of all, the parties should fully understand themselves and pay attention to their attitudes. Seriously consider your own winning rate and losing rate, and also consider your own shortcomings. You should not ask for too much mediation. The difficulty in implementation in practice should be considered as a concession factor in mediation, otherwise it will be counterproductive. Secondly, the parties should grasp the opportunity and way to accept the mediation plan. We should not only consider the realization of our own interests, but also the acceptability of the other party, and accept the mediation plan as soon as possible on a relatively reasonable platform. In addition, the mediation under the auspices of the arbitration tribunal is flexible and diverse, which can be carried out during the trial or after the trial; You can consult orally or exchange views in writing. Generally, the arbitration tribunal will preside over the mediation of the parties in the following three ways: first, the arbitration tribunal will negotiate with both parties at the same time (commonly known as face to face); Second, the arbitration tribunal negotiates with both parties respectively (commonly known as back to back); Third, the two sides negotiate on their own. Both parties should communicate sincerely and seek the best way to solve the dispute. "Step back and broaden the horizon" is an important skill for the parties to deal with mediation, so they may wish to pay attention to it when participating in mediation. These are the questions that Bian Xiao sorted out for everyone. If you have more questions, you can consult a professional lawyer or directly entrust a lawyer to help you get out of legal difficulties.

Legal objectivity:

Article 51 of the Arbitration Law of People's Republic of China (PRC) stipulates that the arbitration tribunal may conduct mediation before making an award. If the parties voluntarily mediate, the arbitration tribunal shall mediate. If mediation fails, a decision shall be made in time. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement or an award according to the result of the agreement. Mediation and award have the same legal effect.