Mediation services refer to a facilitated process in which a neutral and impartial third party, known as a mediator, assists individuals or parties in resolving disputes or conflicts. Mediation is a voluntary and confidential process that promotes communication, understanding, and the exploration of mutually acceptable solutions.

Mediation vs Arbitration

You may be wondering what the difference between arbitration and mediation is and which of these two methods you should choose. Let’s offer some clarity. 

Mediation and arbitration are both alternative dispute resolution options to traditional litigation. They both use neutral third parties, however, arbitration proceedings differ in that they often follow a more formal structure, resembling a mini-trial. The rules of evidence and procedure may apply, and parties present their cases, call witnesses, and submit evidence. The arbitrator’s decision is typically based on legal standards and is legally enforceable. Arbitration proceedings also tend to have higher costs.

Mediation proceedings are less formal and are based on open discussion, negotiation, and collaboration. The mediator focuses on improving communication, fostering understanding, and helping parties explore creative solutions at resolution. Mediation does not require strict adherence to legal rules of evidence or procedure, allowing for a more flexible and informal environment. Mediation is generally considered a more cost-effective and time-efficient alternative.