Mediation:
- Expedited Negotiation
- Parties Control the Outcome
- Mediator Has No Power To Decide & Settlement Is Only With Party Approval
- Exchange Of Information Is Voluntary & Is Often Limited & Parties Exchange Information To Assist In Reaching a Resolution
- Mediator Helps the Parties Define & Understand the Issues & Each Side's Interests
- Parties Vent Feelings, Tell Story, Engage In Creative Problem-Solving
- Process Is Informal. Parties Are Active Participants.
- Joint & Private Meetings Between Individual Parties & Their Counsel
- Outcome Based On Needs Of Parties
- Result Is Mutually Satisfactory So That a Relationship May Be Maintained or Created
- Low Cost
- Private & Confidential
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Arbitration:
- Adjudication
- Arbitrators Control the Outcome
- Arbitrator Is Given Power To Decide With a Final & Binding Decision
- Often Extensive Discovery Is Required
- Arbitrator Listens To Facts & Evidence & Renders an Award
- Parties Present Case, Testify Under Oath
- Process Is Formal. Attorneys Control Party Participation
- Evidentiary Hearings & No Private Communication With the Arbitrator
- Decision Based On Facts, Evidence, & Law
- Result Is Win/Lose Award and Relationships Are Often Lost
- More Expensive Than Mediation, But Less Expensive Than Traditional Litigation
- Private (But Decisions Are Publicly Available)
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