Arbitration & Mediation

Arbitration and mediation are alternative dispute resolution methods that help parties resolve conflicts without going to court. Arbitration involves a neutral third party, called an arbitrator, who listens to both sides and then makes a binding decision. This process is similar to a court trial but is usually less formal, faster, and can be kept private. Many commercial contracts include arbitration clauses requiring disputes to be resolved this way, as it can save time and reduce litigation costs.

Mediation, on the other hand, involves a mediator who facilitates a discussion between the disputing parties to help them reach a mutually agreeable solution. Unlike arbitration, the mediator does not make decisions for the parties but assists them in negotiating and finding common ground. Mediation is highly collaborative and focuses on preserving relationships, making it a preferred choice in family law cases, community disputes, and workplace conflicts.

Both arbitration and mediation offer significant advantages over traditional litigation, such as confidentiality, cost-efficiency, and speed. They also provide more control to the parties involved in terms of selecting the arbitrator or mediator and scheduling sessions at their convenience. However, while arbitration results in a binding decision enforceable by law, mediation relies on the willingness of the parties to reach and adhere to an agreement, making it effective only when both parties are committed to resolving their issues amicably.