Arbitration or mediation?

Mediation and arbitration are terms often used interchangeably. In truth, arbitration is very different from mediation. Here are the two most important differences to understand concerning arbitration versus mediation:

Mediation	Arbitration
Mediators need to be agreed upon by both parties. If you and the opposing party are not on good enough terms to select a mediator together, one party may choose a mediator and the mediator can contact the other party to see if they are willing to mediate. Mediators ethically cannot accept a case without both parties agreeing to mediate before them.	Arbitrators may be selected by one party without the input of the other party. Corporations often have written into arbitration agreements clauses stating that they will select the arbitrator without input or consideration from the other party.
The mediator never decides the outcome of the case. Mediators may assist both parties equally in brainstorming solutions to conflict. The parties decide the settlement terms.	Arbitrators are decision makers. Whether the arbitration is binding or non-binding, the arbitrator is hired with the sole intent of making a decision in the case after hearing from both parties and any evidence they may present.

Mediation and arbitration are both forms of alternative dispute resolution. Arbitration can be an appropriate choice in complex cases. If you are entering arbitration you should seek the advice of legal counsel due to the nature of the decision making process.

If you are in conflict with another individual, mediation could be the right solution. Many divorce and custody cases can be mediated, saving both parties money and time. If you are interested in having your case mediated, call Utah Family Mediator, Rebecca H. Symes at (801) 899-6338. I look forward to helping you resolve your conflict in a timely, cost-effective manner.