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How does mediation differ from litigation or arbitration?
- Mediation is a voluntary process, while litigation and arbitration are often mandatory.
- Mediation is a collaborative process where the parties work together with the mediator to find a mutually acceptable resolution. Litigation and arbitration are adversarial processes where the parties are pitted against each other and the outcome is determined by a judge or arbitrator.
- Mediation is a confidential process. Litigation and arbitration are public processes where court records and transcripts are available for public review.
- Mediation is a flexible process that can be tailored to the specific needs and preferences of the parties. Litigation and arbitration are often subject to strict rules and procedures that limit the parties’ ability to control the process.
- In mediation, the parties themselves decide on the outcome of the dispute, while in litigation and arbitration, the outcome is decided by a judge or arbitrator.
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