What are the differences between mediation and arbitration in international litigation?

Mediation and arbitration are two methods of resolving disputes without the need for litigation in international litigation. Mediation is a non-binding and non-judgmental process in which a neutral mediator assists the parties in conflict to work together and find their own solutions to the dispute. The mediator remains impartial throughout the process and will not impose a decision on the parties. The parties, however, have the final decision-making authority. Arbitration, on the other hand, is a binding process in which an arbitrator or a group of arbitrators hear and evaluate the evidence presented by both sides of the dispute. Unlike mediation, in arbitration, the arbitrators make a legal decision to resolve the dispute and can impose a binding award. The award is usually enforceable in a court of law. In summation, mediation is a non-binding process in which the parties work together to come to an agreement with the help of a neutral mediator, while arbitration is a binding process in which an arbitrator or a group of arbitrators make a final, legal decision that is enforceable in a court of law. In California, both mediation and arbitration are available as methods of resolving international disputes without the need for court proceedings.

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What are the differences between mediation and arbitration in international litigation?

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