Mediation vs. Arbitration

North Bay Mediation Attorney

What is the difference between mediation and arbitration? And when do I need which?

Mediation and arbitration are both methods of alternative dispute resolution (ADR) used to settle disputes rather than through traditional litigation. ADR can be less costly and more efficient, and it focuses on resolution rather than conflict. Although both mediators and arbitrators are neutral entities hired by the parties, there is a difference between arbitration and mediation.

Mediation

Mediation is where disputing parties submit their issues to a neutral third party (a mediator) who facilitates discussion and negotiates an agreement to resolve the conflict. The mediator's role is to understand each party's point of view to help the parties develop creative solutions. A mediator helps the parties to define their common problems, seek common interests, and find a common ground to inspire resolution..

Arbitration

Arbitration is another form of alternative adjudication. An arbitrator acts as a substitute for a judicial officer, in that he hears both sides of the dispute, and renders a binding decision on the disputed issues.

In both formats the proceedings are confidential, and clients avoid the expense and delay of resolving their legal matter through the delayed and costly court system. Both can be done with or without counsel present.

Benefit from our more than 40 years of practice in complementary areas. Contact us today for efficient, creative problem solution.