The Difference Between Mediation & Arbitration
When legal disputes arise, mediation and arbitration are both viable alternatives to those who want to avoid the lengthy and costly process of court litigation.
Arbitration
Much like in a courtroom setting, arbitration involves each party submitting testimony and evidence in the presence of an arbitrator, who hears the dispute and makes a final, legally binding decision.
Mediation
Unlike arbitration, mediation is a structured negotiation process in which both parties come to a mutually beneficial resolution together. The role of a mediator is not to choose a “winning” side, but rather to encourage productive discussion between the opposing parties. The agreed upon solution is reduced to writing in a legally binding agreement.
The Role of Lawyers in Mediation & Arbitration
In any contentious legal situation, having a lawyer on your side can be beneficial. However, it is not necessary that you retain a lawyer before engaging in mediation and arbitration. Mediators and arbitrators themselves often have a legal background but may not dispense legal advice to either party during the process.
Common Questions About Mediation/Arbitration
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Jan R. Armstrong (Mediation and Arbitration) has over 37+ years of experience in mediation and arbitration. Ask us anything here or better yet schedule a consultation and see what we can do for you.