Mediation vs. Litigation vs. Arbitration
When conflicts or disagreements escalate, our first impulse is often to think "I want to sue!" This knee-jerk reaction is fueled by anger and hurt, making the idea of having a rational discussion with the other party seem unfathomable in the heat of the moment.
What's more, many people may not even be aware of the option of mediation, a highly effective method for resolving disputes without the exorbitant costs and prolonged timelines associated with litigation, court proceedings, or arbitration where the outcome is decided by someone else.
Mediation, Arbitration & Litigation in a Nutshell
Mediation
Mediation is a process whereby a mediator (a neutral third party) through the use of specialized communication skills, facilitates discussions between disputing parties to help them explore and understand their differences and interests and reach their own mutually acceptable resolution and agreement.
The mediator creates a safe space for parties to discuss their concerns and work towards a resolution. It's important to note that mediators:
do not possess any decision-making authority.
they remain impartial and refrain from offering advice, recommendations, or making decisions on behalf of the parties involved.
Arbitration and Litigation
Arbitration and litigation are highly confrontational procedures where a third-party, like an arbitrator, judge, (or jury), renders decisions in favor of one party. These processes can be financially burdensome and time-consuming compared to mediation.
litigation can drag on for weeks to years
arbitration can stretch over several weeks,
Mediation can resolve conflicts within a few days.
Difference between Mediation, Arbitration & Litigation
Below is a table of a summary of the differences between mediation, litigation (lawyers and court), and arbitration:
