Arbitration vs. Mediation

What is the difference between Arbitration and Mediation?

Arbitration is like the court process as parties still provide testimony and give evidence similar to a trial but it is usually less formal.  The parties involved present their concerns and dispute resolution goals before an arbitrator. The arbitrator ultimately makes the final decision as to how the dispute will be settled based on the evidence provided.

Mediation is the process of negotiation with the assistance of a neutral third party and you are the “decision maker”.  The parties do not reach a resolution unless all sides agree; the mediator does not make decisions for you.

In mediation, it is not a requirement that the parties agree or come to a final decision to solve their disputes. While reaching a resolution is still the end goal, a mediator facilitates communication between the parties and offers suggestions as to how the dispute might be solved.  A mediator is there to help both sides communicate and explore possible solutions.  It is ultimately up to the individuals to decide if a resolution meets.

Resolution through mediation is significantly less expensive than litigation, and can help you resolve your disagreement without destroying your relationship with a family member or business partner. Mediation offers opportunities to resolve disputes without (legal) intervention.

Many people report a higher degree of satisfaction with mediation than with arbitration or other court processes because they can control the result and be part of the resolution.

Mediation provides: