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What is the Difference Between Mediation and Arbitration?

To put it simply, both mediation and arbitration are means of finding a resolution for conflict or legal issues. Both are used to help two parties find a middle ground and reach an agreement without facing a lengthy legal battle.

Mediation and arbitration can be used during many types of legal disputes. These disputes include custody, divorce, landlord-tenant, and even interpersonal disputes.

You may be thinking at this point ‘well if both of them can be used for these reasons what is the difference?’ That is a good question. The main difference between the two is who makes the final decision. In a mediation case, the final decision comes down to an agreement between the two parties. Whereas arbitration relies on an arbitrator to look over the case and reach a final verdict.

Let’s Dive Deeper

Benefits of mediation are myriad. Not only are you getting your problem resolved, you are doing so at your own pace and comfort level. Also, mediation costs less than litigation and usually less than arbitration. Mediation doesn’t bind participants to specific outcomes. Mediation offers a way smoother process than having to have your case argued in court.

Benefits of arbitration include being able to reach a definitive outcome and move on with your life. The process is often less time consuming and less expensive than going through with a court case.

Which is Right for You?

If you’re not sure which option is best for you, consider contacting an attorney. Oftentimes an attorney will give you a free consultation to help decide which process is right for you. The final decision comes down to your specific circumstances and the situation you are facing. Typically, mediation is the best option for both parties especially if they already believe they can come to an agreement on their own. If there are several points of contention then it may be best to consider arbitration.

In the end, solving your conflict and moving on with your life is what this is all about. If you can find a helpful attorney and complete this process within several months, then you are ahead of the game.