Define the term 'mediation' and 'mediator' under The Mediation Act, 2023. Distinguish between arbitration and mediation.

Definitions under The Mediation Act, 2023: Mediation (Section 3(h)): 'Mediation' includes a process, whether referred to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or an expression of similar import, whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a third person referred to as mediator, who does not have the authority to impose a settlement upon the parties to the dispute. Mediator (Section 3(i)): 'Mediator' means a person who is appointed to be a mediator, by the parties or by a mediation service provider, to undertake mediation, and includes a person registered as mediator with the Council. Explanation: Where more than one mediator is appointed for a mediation, reference to a mediator under this Act shall be a reference to all the mediators. Distinction between Arbitration and Mediation: Feature Mediation Arbitration Nature of Process Collaborative, facilitative, informal. Parties work together to find a solution. Adversarial, formal, quasi-judicial. Parties present their case to an arbitrator. Role of Third Party Mediator facilitates communication, helps parties explore options, and guides them towards a mutually acceptable solution. Does not impose a decision. Arbitrator hears evidence and arguments from both sides and makes a binding decision (award). Outcome Control Parties retain control over the outcome and the terms of the settlement. The arbitrator controls the outcome, and the decision is imposed on the parties. Binding Nature Settlement is binding only if parties agree to it and sign a settlement agreement. The arbitrator's award is legally binding and enforceable, similar to a court judgment. Flexibility Highly flexible process, tailored to the parties' needs. More structured and formal, following established rules and procedures. Privacy/Confidentiality Generally confidential. Usually confidential, but awards may become public if enforcement is sought. Legal Precedent Does not create legal precedent. Does not create legal precedent. Cost and Time Generally less expensive and quicker than arbitration or litigation. Can be less expensive and quicker than litigation, but often more formal and costly than mediation.