Mediation and Arbitration

Mediation and arbitration are both alternative dispute resolution (ADR) processes that can be used to resolve legal disputes outside the court system.

Mediation

Mediation is a process in which a neutral third party, called a mediator, helps the disputing parties reach a mutually agreeable settlement. The mediator does not make any decisions or impose any solutions on the parties. Instead, the mediator facilitates communication and helps the parties to identify their interests and to develop a solution that meets those interests.

Arbitration

Arbitration is a process in which a neutral third party, called an arbitrator, hears the evidence from both sides and makes a decision that is binding on the parties. The arbitrator is typically an expert in the area of law that is relevant to the dispute. The arbitrator’s decision is final and cannot be appealed.

The main difference between mediation and arbitration is that in mediation, the parties have more control over the outcome. The mediator cannot force the parties to reach an agreement, and the parties can walk away from mediation at any time. In arbitration, the arbitrator has the power to make a decision that is binding on the parties.

Mediation and arbitration are both voluntary processes. The parties must agree to participate in mediation or arbitration before the process can begin.

Mediation and arbitration can be used to resolve a wide variety of disputes, including contract disputes, employment disputes, and personal injury disputes.