What is the difference between mediation and arbitration?

Mediation and arbitration are two different methods for resolving disputes in Arizona civil procedure. While they are often confused since both involve the use of a neutral third party, the two processes are distinct from one another. Mediation is a non-binding process in which parties work with a mediator to reach a mutually agreeable resolution to their dispute. The mediator does not have the authority to render a decision, but instead offers an impartial and unbiased assessment of the parties’ positions and helps guide them towards a resolution. The parties retain control over the process and decide what the outcome will be. Arbitration, on the other hand, is a binding process in which the parties bring their dispute to an arbitrator, who then makes a legally-binding decision based on the merits of the case. Unlike mediation, the parties do not have control over the decision-making process and lose the ability to negotiate a resolution. The arbitrator reviews the evidence and issues a final decision which the parties must follow. In conclusion, mediation and arbitration are two distinct processes for resolving disputes in civil procedure in Arizona. While both involve the use of a neutral third party, the two processes differ in that mediation is a non-binding process in which parties work together to reach an agreement, while arbitration is a binding process in which the parties submit their dispute to an arbitrator who decides a legally-binding outcome.

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What is the difference between mediation and arbitration?

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