Mediators differ from arbitrators and judges by lacking decision authority.

Evidence

Mediators do not render authoritative decisions, like arbitrators or judges at trial do; they merely facilitate settlements between the disputants. The success of their efforts thus depends on their interpersonal skills and their ability to win the trust and cooperation of the disputants. Advocates of mediation view the lack of coercion as an advantage. Requiring disputants to become actively involved in resolving the dispute ensures that the outcome will be one that is acceptable to both parties. — G. Alan Tarr, Judicial Process and Judicial…, 1173

Categorization

• DEFINE: Distinguishes the mediator role from arbitrator and judge, both of whom render authoritative decisions.
• XREF: Connects to ADR typologies in the dispute resolution literature and course material on alternatives to adjudication. — connects to: Voluntary arbitration rests on party consent, selection, and negotiated rules — G. Alan Tarr, Judicial Process and Judicial…, 1168; Adjudication imposes solutions and is not the same as mediation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3294

Broader Connections

• Adjudication imposes solutions and is not the same as mediation #corroborates (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3294
• Voluntary arbitration rests on party consent, selection, and negotiated rules #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1168