Both mediation and arbitration are forms of Alternative Dispute Resolution, alternative methods to having your case resolved by a Judge or Jury in open court. Each is conducted privately and requires mutual consent amongst the parties.
The key distinction between mediation and arbitration is what occurs on the day scheduled for the parties to meet. An arbitration is like an abbreviated trial, during which the parties can present evidence and testimony to a neutral arbitrator. At the conclusion of the hearing, the arbitrator will then make findings of fact and conclusions of law that can be, by way of advance agreement, either binding or non-binding on the parties.
Unlike arbitration, mediation is a less formal meeting, with the principal goal to discuss and negotiate a potential settlement of the case absent the presentation of testimony.
If you have any questions about the topic discussed in this article, or any mediation matter, please give us a call at Bononi & Company 724-832-2499.