What is the difference between mediation and arbitration in small claims court?
In Delaware, mediation and arbitration are two different procedures used in small claims court. Mediation is a process in which a third party, known as a mediator, helps the parties to a dispute reach an agreement. The mediator is a neutral party, meaning they have no stake in the outcome of the case. During the mediation process, the parties can present their case and the mediator can suggest potential solutions. The mediator does not make a decision; instead, they help the parties reach a mutually agreed upon settlement. Arbitration is a different process, which involves a third party making a decision in the case. The arbiter of the case is usually a lawyer, who has training in the law and can consider evidence from both sides. The arbiter then renders a decision, which is final and binding on both sides. Unlike mediation, the decision made by the arbiter is not subject to negotiation or further discussion. To summarize, the difference between mediation and arbitration in small claims court is that mediation is a process in which a neutral third party helps the parties to a dispute come to an agreement, while arbitration involves a third party making a decision in the case.
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