What is the difference between mediation and arbitration?

Mediation and arbitration are both forms of Alternative Dispute Resolution (ADR). The main difference between the two is the way disputes are decided. Mediation is a process in which an impartial mediator acts as a neutral third party to help parties come to a voluntary resolution. All parties involved in the dispute are present during mediation and they participate in negotiations and discussions. The mediator facilitates the process by asking questions and helping to steer the conversation but does not make a decision about the dispute. A successful mediation is reached when the parties come to an agreement that both are satisfied with. Arbitration, on the other hand, is a decision-making process in which an impartial arbitrator listens to both sides of the dispute before making a ruling. In Delaware, arbitration is commonly used in labor and contract disputes. Both parties must agree on the arbitrator before arbitration can take place. During arbitration, the parties present their arguments and evidence to the arbitrator. The arbitrator listens to both sides of the case and then makes a decision on the dispute. The decision is legally binding and cannot be appealed. In summary, the primary difference between mediation and arbitration is that mediation is a negotiation process while arbitration is a decision-making process. Mediation results in a voluntary resolution while arbitration results in an authoritative decision. Whichever process is chosen, both mediation and arbitration are designed to help parties come to an agreement without going to court.

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