How does mediation differ from arbitration?

Mediation and arbitration are both ways for resolving disputes outside of court. The primary difference between the two is the role of the mediator or arbitrator. A mediator is a neutral third party who helps facilitate conversations between two or more parties in order to reach a voluntary agreement. An arbitrator is a neutral third party who makes a binding decision based on the evidence and arguments presented by the opposing sides. In mediation, the parties in the dispute are in control of the process and the outcome, whereas in arbitration, the arbitrator makes the final decision. Mediation is typically less formal than arbitration and is often more cost-effective and faster. It also allows for more creative solutions to be explored that may not be available in court. Mediation is often used in family law cases, such as divorces, while arbitration is used in a variety of civil cases, such as contract disputes and workplace disputes. In California, mediation is preferred for most civil cases, unless a court order specifies arbitration. Overall, mediation and arbitration are both effective methods for resolving disputes outside of court, although they do have some differences. Mediation is focused on facilitating a voluntary agreement, while arbitration is focused on making a binding decision. Because of this, mediation is often preferred in California, unless an order specifies arbitration.

Related FAQs

What is the role of the mediator in a mediation?
Are there any legal implications of mediation?
How can parties ensure that the mediation is successful?
How does mediation differ from arbitration?
When should mediation not be used?
What happens if the parties cannot reach an agreement and the mediator is unable to help them?
How can I ensure that my interests are represented during the mediation process?
What is the difference between mediation and negotiation?
What is the role of attorneys in mediation?
Are there any limits to the remedies that can be awarded in a mediated settlement?

How does mediation differ from arbitration?

Related FAQs

Related Blog Posts