Answer:

I had a client the other day ask me about what mediation was and what the differences between mediation and arbitration are. Mediation is a settlement conference, typically conducted by a mediator who then consults with both parties, separates the parties, and discuss the pros and the cons on both sides of the case to try to bring the parties to a middle ground, where they both are satisfied. That’s called a mediation. That can be either court ordered or voluntary. Arbitration is a totally different animal. Arbitration is where you basically have a judge who sits, maybe not a sitting judge but a person, a lawyer or an engineer or someone who’s an expert in that case who sits as the fact finder, sits as the jury, and present evidence and cross examine witness, just like you would in high court. That arbitrator makes a decision that is binding on both parties. Mediation is a settlement conference. Arbitration is basically a hearing in front of an individual or a set of individuals who make a binding decision in the case. If you have any other questions concerning arbitration or mediation, please give us a call.