What is the difference between mediation and arbitration?

Mediation and arbitration are two different types of dispute resolution processes available for parties to resolve a case without going to court. Mediation is a voluntary process in which an impartial mediator serves as an intermediary between the two parties to facilitate a resolution. The mediator is not a judge and does not decide the case. Instead, they listen to both sides and help facilitate an agreement between the parties. The mediator facilitates communication between the two parties and assists them in coming up with a mutually agreed upon settlement or outcome. The mediator may also provide information and advice, but the ultimate decision rests with the parties. Arbitration is a voluntary process in which an impartial arbitrator serves as a third-party decision maker. The arbitrator listens to both sides of the dispute and makes a final and binding decision that the parties have to abide by. Unlike mediation, the arbitrator has the authority to make a final and binding decision that both parties have to abide by. In summary, mediation is a voluntary process in which an impartial mediator serves as an intermediary to facilitate a resolution, while arbitration is a voluntary process in which an impartial arbitrator serves as a binding decision maker. Both processes can help parties resolve a dispute without having to go to court. In California, parties can also make a written agreement to have a dispute settled by mediation or arbitration.

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What is the difference between mediation and arbitration?

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