Helping California businesses amicable resolve legal disagreements

How are mediation and arbitration different?

Both mediation and arbitration are less-contentious alternatives to civil litigation. In both processes, a neutral third party facilitates the negotiation process. However, in mediation, the mediator cannot make decisions. A mediator helps the opposing parties work toward an agreement. In arbitration, the arbitrator listens to both parties’ arguments and then renders a decision. There are pros and cons to each process, and an experienced attorney at our firm can help you determine which is best for your situation.

When to choose mediation



Mediation is a good choice when you feel that the two parties will be able to work together to come to a compromise. During this process, both sides are encouraged to express their positions freely. This is usually a less hostile process and creates a foundation of communication for the parties to continue to work together in the future. Mediation is often faster, less expensive and more private than litigation. This is a benefit for your business, as you will be able to stay focused on the future of your company rather than the dispute.

Mediation usually begins with the mediator and each party giving an opening statement. The mediator sets the tone for how the negotiation is going to proceed, and each party tells their side of the story. Then, a discussion begins between the parties, followed by each party meeting privately with the mediator to further express their wishes. The parties then come back to together to negotiate until they come to an agreement. Our attorneys have extensive experience with this process and can provide you with reliable advice and knowledgeable guidance.

When to choose arbitration

Like mediation, arbitration is less hostile, less expensive, faster, more flexible and more private than litigation. However, arbitration is more formal than mediation. Each side presents their arguments, and relevant evidence is presented and taken into account for the final decision. In a business setting, arbitration is often used because of a clause in an employment contract. A clause may state that all disputes must be resolved through arbitration, and may also state how the arbitrator will be selected, where the negotiations will be held and if the final decision will be legally binding.

In binding arbitration, the decision of the arbitrator is final. It cannot be reviewed or overturned by a court unless it has been determined that fraud was involved. In a nonbinding arbitration, either party may reject the decision and take the dispute to trial. No matter the type of arbitration, our experienced attorneys can guide you through the process, ensuring that your rights are protected.

Contact our capable California mediators and arbitrators.