Difference Between Mediation and Arbitration

Difference Between Mediation and Arbitration

When having a disagreement with another, you can decide to go nasty, or you can choose the less nasty option (regarding what you have to deal with) that is more pleasant. If you decide to be discreet and kind, then you will have to choose either mediation as opposed to arbitration as a process of settling your argument agreeably.

However, before you proceed with any of these two, you need to understand the difference between mediation and arbitration. But just before we answer this question, we will try to explain the terms first.

Definition of Mediation

Mediation is a course that involves a joint selection of reliable individuals whose responsibility is to find a mutually agreeable way of solving a situation privately between two celebrations. This reliable individual is not expected to express any veto power. He or she is not necessarily concerned with what is fair and what is not. It is important to take note of this point as it helps to explain the difference between arbitration and mediation.

Definition of Arbitration

Arbitration is defined as a method of private legal conflict resolution where the people involved willingly submit a case to one or more people who will review it and then make a required pronouncement as a solution to the problem. This person who reviews and decides on such cases is known as an arbitrator.

To understand and to answer the question – what is the difference between mediation and arbitration? you need to know that both terms are similar in a lot of ways but also dissimilar. The first one is more or less a negotiation; no need for testimonies, indication, and other stuff, whereas the second one is more like a court proceeding where there is a need for hearings and proof.

There are other ways you can answer the question – what is the difference between arbitration and mediation?, as can be seen in the table below. Here are more differences between these two.

Mediation vs Arbitration Comparison Table 

  Mediation Arbitration
Definition The joint selection of a reliable individual whose responsibility is to find a mutual way of solving an issue. A private legal resolution where the parties concerned willingly submit a case to one or more persons who will review and make a binding decision as a solution to a problem.
Proceeding Negotiation. Need for testimonies and debate.
Decision making Depends on the parties involved. Depends on the arbitrator.
Venue Mostly out of court meetings. Little or no extrajudicial meetings.
Operation Very different to court hearings. Similar to court hearings but not as formal.

Conclusion of Main Difference Between Mediation vs Arbitration

Now you know how these two terms vary, so you can make better decisions as to which suits your purpose. There are quite a lot of things you can say when asked the question – what is the difference between mediation and arbitration? The most notable of them all is that in the second case, the intermediary makes use of legal rights and wrongs before deciding, unlike in the first case.