The difference between mediation and arbitration is that mediation is not binding, whereas arbitration is. Mediation is usually held before one mediator, oftentimes a former judge, who acts as a neutral party to help the parties begin to come together to try and settle the matter, and that mediator is not really interested in deciding who’s right or wrong.

In arbitration, it’s binding. The parties agree ahead of time that whatever the decision of the arbitrator will be, that will be final and not appealable, and there can be discovery process, there’s a lot of discretion left to the arbitrator as to how to proceed.


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