Mediation and Arbitration at a glance
| Point | Mediation | Arbitration |
|---|---|---|
| Role of neutral | Facilitates negotiation and settlement discussions. | Hears the dispute and issues a decision under the agreement and rules. |
| Who controls outcome | The parties decide whether to settle. | The arbitrator decides disputed claims submitted to arbitration. |
| Result | No settlement unless the parties agree and document it. | Award may be binding and enforceable, subject to limited review. |
| Procedure | Flexible preparation focused on facts, interests, and settlement authority. | Pleadings, evidence, hearings, discovery limits, and provider rules may apply. |
| Clause checks | Timing, confidentiality, mediator selection, attendance, and cost allocation. | Scope, seat, rules, arbitrator count, fees, discovery, remedies, and court enforcement. |
Documents to put side by side
- The current draft or signed document for each option.
- Definitions, schedules, amendments, approvals, notices, and incorporated policies.
- A written business objective, timeline, cost model, and risk list.
- The primary source or professional advice that applies to the jurisdiction and facts.
Sources to verify
Use primary or authoritative sources to confirm current forms, filing instructions, agency rules, and legal definitions before acting on a general guide.
When professional help is useful
Use qualified advice before relying on a comparison for enforceability, tax treatment, worker status, privacy transfers, securities, regulated disclosures, litigation strategy, or a material transaction.
Before sharing records
- Keep originals in a controlled file and review a clearly dated working copy.
- Redact sensitive data unless the recipient is authorized and needs it.
- Label each document with its date, parties, version, jurisdiction, and status.
- Ask one focused question and identify the desired business outcome.