Comparison Between Arbitration & Mediation
Arbitration | Mediation |
---|---|
Adjudication |
Expedited negotiation |
Arbitrators control the outcome. |
Parties control the outcome. |
Arbitrator is given power to decide. |
Mediator has no power to decide. |
Often extensive discovery is required. |
Exchange of information is voluntary and is often limited. Parties exchange information that will assist in reaching a resolution. |
Arbitrator listens to facts and evidence and renders an award. |
Mediator helps the parties define and understand the issues and each side's interests. |
Parties present case, testify under oath. |
Parties vent feelings, tell story, engage in creative problem-solving. |
Process is formal. Attorneys control party participation. |
Process is informal. |
Evidentiary hearings. |
Joint and private meetings between individual parties and their counsel. |
Decision based on facts, evidence, and law. |
Outcome based on needs of parties. |
Result is win/lose award—Relationships are often lost. |
Result is mutually satisfactory—A relationship may be maintained or created. |
More expensive than mediation, but less expensive than traditional litigation. |
Low cost. |
Private (but decisions are publicly available). |
Private and confidential. |
Learn more about arbitration | Learn more about mediation |