Understanding Your Options

Mediation vs. Arbitration

Two different processes. One common goal: resolution without court. Here's how to know which one fits your situation.

Mediation

Parties reach a mutual agreement

The mediator facilitates — they don't decide. Both parties retain full control over the outcome. Agreements are voluntary and shaped by both sides.

  • Both parties submit confidential briefs outlining their positions before the session begins.

  • Each side delivers an uninterrupted opening statement to the mediator.

  • Joint discussion and private caucuses allow each side to explore settlement options confidentially.

  • If agreement is reached, a binding Settlement Agreement is drafted and signed before the session ends.

Best for: Family matters, interpersonal disputes, contract negotiations, and any case where preserving the relationship matters.

Arbitration

A neutral arbitrator decides the outcome

Arbitration is a private, streamlined alternative to trial. Both parties present evidence and arguments to a neutral arbitrator — who issues a final, binding decision.

  • One party files a Demand for Arbitration. The other responds. Both parties agree on a neutral arbitrator.

  • A preliminary hearing establishes the schedule, discovery scope, and pre-hearing briefs.

  • An evidentiary hearing is conducted — opening statements, witness examination, and documentary evidence.

  • The arbitrator issues a formal, binding Award — typically within 30 days of the hearing.

Best for: Cases with clear legal or factual disputes where a definitive ruling is needed and both parties consent to the process.

At a Glance

Mediation
Arbitration
Decision maker
Both parties
The arbitrator
Outcome
Voluntary agreement
Binding award
Confidentiality
Yes — fully private
Yes — fully private
Court involvement
None
None
Flexibility
Highly flexible
Structured