Mediation, Arbitration, Or Litigation: Which Option Is Best For You?

Not every legal dispute needs to go to court. In fact, many conflicts can be resolved faster and more affordably through alternative dispute resolution ("ADR") methods such as mediation or arbitration. Understanding the differences between these options can help you choose the best approach for your case.

Mediation

Mediation is a private dispute resolution process where a neutral third party, called a mediator, helps the disputing parties communicate and work toward a mutually acceptable agreement. Unlike arbitration or litigation, the mediator does not make a binding decision. Instead, the mediator facilitates discussion and negotiation. The only aspect of mediation that may result in a binding obligation is if the process results in the parties settling their dispute, which is almost always formalized in a written agreement.