Mediation vs. Arbitration
What is Mediation?
Mediation is a conflict resolution process which brings in a neutral third party, the mediator, to facilitate the communication between the parties in an effort to help them resolve their differences and reach a mutual agreement.
Mediation vs. Arbitration
- More formal method of dispute resolution although less formal than a court trial
- Parties present evidence (either written or spoken) to a neutral person called an arbitrator
- Witnesses may testify and the arbitrator considers all the evidence and makes a decision, acting like a judge
- Parties select the arbitrator and decide beforehand whether the decision will be binding (final) or whether they will be able to go to court if they do not like the decision
- Arbitration decisions are very difficult to appeal
- As opposed to mediation where the parties make their own agreement, in arbitration the neutral third party decides the outcome
Med-Arb: is a combination of mediation and arbitration. It starts with mediation. Then, if there is no agreement, it is decided by arbitration.
