What is the difference between mediation and arbitration?

Mediation and arbitration are two types of dispute resolution processes in civil procedure law in Massachusetts. Mediation is a voluntary process in which both parties to a dispute agree to present their arguments in a confidential setting facilitated by an impartial third-party mediator. The mediator does not make a decision, but rather helps the parties reach a consensus. The goal of mediation is to help the parties reach a mutually satisfactory agreement. Arbitration is a voluntary process in which an impartial third-party arbitrator hears both parties’ arguments and makes a binding decision that is legally enforceable. Unlike mediation, the arbitrator makes a decision based on evidence and legal facts. Additionally, the parties cannot appeal the decision if they are not satisfied with the outcome. Mediation and arbitration are both voluntary processes, but offer different benefits. Through mediation, the parties have more control over the outcome, as the mediator encourages a consensus that is agreeable to both sides. Through arbitration, the parties are not in control of the outcome, as the arbitrator makes the binding decision after hearing both sides’ arguments. Therefore, those considering either process should consider the consequences of each before proceeding.

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What is the difference between mediation and arbitration?

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