Overview
Mediation and Arbitration are two forms of dispute resolution, both being alternatives to litigation or trial. Mediation and Arbitration allow your dispute to be heard before a neutral third party usually offering the parties a shorter, less complicated and less expensive process to come to resolution.
Arbitration
Arbitration hearings are a simplified, less formal and less adversarial version of a trial. Both parties have the right to produce documents, call witnesses, cross examine, and offer testimony. There is a neutral Arbitrator chosen and agreed to by both parties, and the Arbitrator will make the final award. Arbitrations are typically not open to the public, unlike trials, and the awards are enforceable nationwide per Title 9 of the U.S. Code.
Mediation
Mediation is even simpler than litigation and arbitration, and is generally very flexible. The Mediator does not impose an award as an arbitrator does. Instead, mediation is a voluntary process where parties are willing to negotiate a positive solution to their dispute. Mediators are trained in negotiation and dispute resolution, and remain neutral throughout the course of mediation.