What is the difference between mediation and arbitration?

Mediation and arbitration are both forms of alternative dispute resolution (ADR). They are both alternative processes to settling a dispute outside of court, often in a much quicker and less expensive manner. The main difference between mediation and arbitration is the role the mediator or arbitrator has in the dispute resolution process. Mediation is a voluntary process in which the parties involved in the dispute make all the decisions. Mediation is a collaborative process in which the mediator helps the parties reach a mutually beneficial resolution. The mediator does not decide the dispute, but rather encourages the parties to reach a compromise on their own. Arbitration, on the other hand, is a more formal process in which a third-party arbitrator makes a binding decision based on the evidence and arguments presented during arbitration. In Kansas, all arbitration proceedings take place in accordance with the Kansas Arbitration Act, which establishes procedures, timelines, and rules to follow. The arbitrator’s decision is binding, meaning the parties must comply with the arbitrator’s award or risk being found in contempt of court. In summary, mediation allows the parties to reach a negotiated resolution, while arbitration allows a third-party to make a binding decision. Both processes are useful ways of settling disputes without the need to go to court.

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What is the difference between mediation and arbitration?

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