Many clients walk into a lawyer's office and ask: "How do I win?" But in many disputes, the better question is: "Where should this fight happen, and does it need to be a fight at all?" Court, arbitration, and mediation each offer distinct advantages, and choosing the right forum can shape the outcome just as much as the strength of the case itself. Below, I break down the key differences so that practitioners can guide their clients with confidence and clients can approach dispute resolution with realistic expectations.
Who Decides the Outcome?
This is perhaps the most fundamental question in any dispute. In court, a judge decides the case if the parties cannot reach a settlement. In arbitration, the decision-maker is a private arbitrator chosen by the parties. In mediation, neither a judge nor an arbitrator decides anything—the parties themselves control the outcome, with the mediator serving only as a facilitator. Ontario's mediator code underscores this point by emphasizing party
