The term "neutral" refers to a person who assists parties involved in a dispute to reach a resolution without taking sides. Neutrals facilitate discussions, help clarify issues, and guide the parties toward a mutually acceptable agreement. They play a crucial role in various legal contexts, including mediation and arbitration.
Neutrals are commonly used in legal practices such as:
Users can manage some of these processes themselves with the right legal forms, such as those offered by US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: In a family law case, a couple undergoing divorce may engage a neutral mediator to help them agree on child custody arrangements. The mediator facilitates communication and helps them reach a consensus.
Example 2: In a business dispute, two companies may hire a neutral arbitrator to resolve a contract disagreement without going to court. The arbitrator reviews the evidence and makes a binding decision. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Neutral Use |
|---|---|
| California | Strong emphasis on mediation in family law disputes. |
| New York | Common use of arbitration for commercial disputes. |
| Texas | Encourages mediation as a first step in civil disputes. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Mediator | A neutral party who facilitates negotiation between disputing parties. | Focuses on communication and negotiation, not decision-making. |
| Arbitrator | A neutral who makes a binding decision on a dispute. | Has authority to decide the outcome, unlike a mediator. |
If you are involved in a dispute and think a neutral might help, consider the following steps:
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A mediator is a type of neutral who specifically facilitates negotiation between parties, while a neutral can also refer to an arbitrator who makes binding decisions.