What is the difference between mediation and arbitration in small claims court?

Mediation and arbitration are two forms of alternative dispute resolution (ADR) that can be used in Hawaiian small claims court. Mediation is a form of ADR where a neutral third-party mediator helps the parties come to a mutually beneficial agreement on how to resolve their dispute. The mediator does not make a ruling but helps facilitate a conversation between the parties to reach an agreement. Arbitration is also a form of ADR, but instead of a collaborative process, an arbitrator hears arguments from both sides and makes a binding decision. The arbitration process is more formal and is used when the parties are unable to come to an agreement. In an arbitration, the arbitrator listens to both sides’ arguments then rules in favor of one side over the other. The decision is binding and cannot be appealed, so it is important to have competent representation when engaging in arbitration in small claims court. In summary, the main difference between mediation and arbitration in small claims court is that in mediation, the parties have the opportunity to mutually reach an agreement, while in arbitration, the third party makes a binding decision.

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What is the difference between mediation and arbitration in small claims court?

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