Conflict Resolution: Arbitration vs Mediation
You’ve chosen to steer clear of the expense, stress, and complexities of public courtroom litigation. Now, as you seek the right alternative dispute resolution (ADR) path for your unique case, you’ll encounter another choice: arbitration or mediation. While both offer private solutions that can save you time and money, it’s important to understand the key distinctions so you can make empowered, informed decisions for your case.
Arbitration
Think of arbitration as a private courtroom experience, with your arbitrator acting as the neutral judge and jury. Disputing parties will provide evidence and testimony during the process, resulting in a final–and legally binding–decision.
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- Streamlined, structured process saves time and expense
- Final, binding decision by a neutral third party
- Suitable for complex, specialized cases
- Minimizes potential for long, drawn-out litigation
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Mediation
Think of mediation as a collaborative problem-solving session led by a neutral mediator. Unlike arbitration, mediation is a flexible and collaborative approach that helps both parties craft personalized, mutually agreeable resolutions that are not legally binding.
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- Collaborative resolution process guided by a neutral third party, your mediator
- Non-binding process offers opportunities for flexible, custom agreements
- Suitable for disputes where relationships must be preserved
- Maximizes potential for win-win compromises upheld outside of court
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What do mediation and arbitration have in common?
Arbitration and mediation share the advantage of being cost-effective, time-saving, and less adversarial compared to courtroom litigation. Regardless of which ADR path you take, BAY is here to help. Our experienced neutrals are ready to cater to your specific conflict resolution needs. Explore our services and let BAY ADR be your trusted partner on your dispute resolution journey.