The Main Difference Between Mediation and Arbitration
The Main Difference Between Mediation and Arbitration: The Decision
The key difference between mediation and arbitration is the person who ultimately resolves the conflict. As we described in the article mentioned above, mediation is a dispute resolution method where a neutral third party acts as a referee of sorts and helps each side recognize the legalities involved in their arguments. It is up to each party to agree on a final resolution that is mutually agreeable.
In arbitration, two parties take their cases in front of an arbitrator who will then make a decision - very similar to a regular court case. The main difference is that both parties have to agree ahead of time whether the arbitrator's decision will be legally binding or not (i.e. binding vs. non-binding arbitration).
Sometimes, two parties go through arbitration as a precursor to a regular trial because it's quicker and less expensive. Doing this they will get a sense of what a judge or jury MIGHT do if a the case does go to trial. It is agreed upon and determined before arbitration starts whether either party will be able to reject the decision of the arbitrator and take the case further.
All in all, mediation and arbitration are less expensive and less time consuming. Mediation involves more dialogue between the parties themselves, and arbitration is a little more formal both in process and presentation of arguments and evidence.
Typically, mediators are attorneys who meet certain requirements spelled out by the supreme court and must be approved by the circuit court. Arbitrators are typically judges, sometimes retired, or attorneys with a lot of experience and special training.
In the process of mediation, the mediator will meet with both sides individually to hear their sides in private, and then arrange meetings where each side can discuss their case face to face.
In arbitration, both parties and their attorneys present their case in front of an arbitrator in a formal
The key difference between mediation and arbitration is the person who ultimately resolves the conflict. As we described in the article mentioned above, mediation is a dispute resolution method where a neutral third party acts as a referee of sorts and helps each side recognize the legalities involved in their arguments. It is up to each party to agree on a final resolution that is mutually agreeable.
In arbitration, two parties take their cases in front of an arbitrator who will then make a decision - very similar to a regular court case. The main difference is that both parties have to agree ahead of time whether the arbitrator's decision will be legally binding or not (i.e. binding vs. non-binding arbitration).
Sometimes, two parties go through arbitration as a precursor to a regular trial because it's quicker and less expensive. Doing this they will get a sense of what a judge or jury MIGHT do if a the case does go to trial. It is agreed upon and determined before arbitration starts whether either party will be able to reject the decision of the arbitrator and take the case further.
All in all, mediation and arbitration are less expensive and less time consuming. Mediation involves more dialogue between the parties themselves, and arbitration is a little more formal both in process and presentation of arguments and evidence.
Typically, mediators are attorneys who meet certain requirements spelled out by the supreme court and must be approved by the circuit court. Arbitrators are typically judges, sometimes retired, or attorneys with a lot of experience and special training.
In the process of mediation, the mediator will meet with both sides individually to hear their sides in private, and then arrange meetings where each side can discuss their case face to face.
In arbitration, both parties and their attorneys present their case in front of an arbitrator in a formal