Mediation vs. Arbitration: What’s the Difference and Which Is Right for You?

Thomas A. Kolpien 

While the thought of taking a case to trial may initially be fueled by strong emotions and a  need to right a wrong, litigation can turn daunting. Ending up before a judge takes time,  drains resources, and often adds stress to an already difficult situation.  

Going to court to settle a dispute is not always necessary. Mediation and arbitration are  alternative dispute options that offer a less adversarial, less costly, and faster path to  resolution. Moreover, by selecting a mediator and/or arbitrator, you are often able to select  highly specialized attorneys as opposed to having a judge selected for you who may not  have the same level of legal experience regarding your particular conflict.  

When should you mediate or arbitrate your dispute? And which option is “right” for you?  The answer depends, but our experienced Family Law attorneys at Nowlan Law can help  you understand your options and make an informed decision about your case. 

What Is Mediation? 

Mediation, like arbitration, is a form of alternative dispute resolution (ADR). In mediation, a  neutral third party selected by agreement helps the parties negotiate their dispute and  reach an agreement. The mediator’s job is to facilitate communication between the  parties, explore options, and help the parties solve problems. A mediator does not make a  binding decision but rather helps the parties negotiate a settlement. 

Mediations are less structured than traditional judicial processes and do not follow the  same strict procedures of a courtroom setting. How the mediation works will depend on  the mediator and the parties. Mediation may involve joint sessions with all parties in the  same room, or private sessions with the mediator moving between the parties, or both. 

Mediation is typically voluntary, but it may be court-ordered in some cases. 

What Is Arbitration? 

Arbitration is an ADR process where the parties agree to have a third-party neutral review  the evidence and arguments and issue a decision. Unlike mediation, an arbitrator’s award  is binding on the parties, and there are limited rights to appeal. 

While arbitration is less formal than a trial, it is still more structured than a mediation. At  this stage, there is usually a preliminary conference and then discovery (the exchanging of  evidence between the parties). An arbitration hearing is held, and both sides can present  their case. After this, the arbitrator will issue a decision. 

Like mediation, both parties must agree to arbitration.  

Pros and Cons of Mediation and Arbitration

Choosing to Mediate or Arbitrate Your Dispute 

Deciding between mediation and arbitration depends on several factors, such as your  goals, the nature of the dispute, your relationship with the other party, and how much  control you want over the outcome. 

Mediation may be the better choice if you: 

• Want to preserve a co-parenting or personal relationship 
• Prefer to control the outcome through mutual agreement 
• Are open to a collaborative, flexible process 
• Value confidentiality and a less adversarial environment 

Mediation may also be the first step in a multi-step process. Even if no agreement is  reached in mediation, you may continue to negotiate with the other party and still take your  case to court, if necessary. Discussions in mediation are confidential and cannot be used  later in litigation against you. 

Arbitration may be more appropriate if you: 

• Need a binding decision without going to court 
• Want a quicker, private resolution compared to litigation 
• Have a dispute involving complex evidence or contractual issues 
• Are dealing with a situation where negotiation has already failed 

Choosing the path forward means examining your specific situation – not just the legal  issue, but also your time, budget, and long-term interests.  

Questions? Schedule a Consultation with a Nowlan Law Attorney 

Alternative dispute process offers a cost-effective, timely, and lower-conflict way to reach a  resolution. Choosing to mediate or arbitrate your case is not a decision to be taken lightly.  While there are many advantages to each option, there are also advantages to litigating  your case. Making an educated decision that fits your situation and priorities and offers you  the resolution you deserve is essential.

At Nowlan Law, our Family Law attorneys can explain your options, the pros and cons for  the specifics of your case, and help you make a suitable choice. Contact us today to  schedule a consultation with a trusted lawyer.