A Comparison Of Mediation And Arbitration Mediation Arbitration Expedited negotiation. Parties preserve control of outcome. Parties relinquish control of outcome. Extensive preliminary discovery is often required. Mediator helps the parties define and understand the issues and each side's interests.
Arbitrator listens to facts and evidence and renders a final and binding award.
Parties able to vent feelings, tell story, engage in creative problem-solving. Parties present case, testify under oath. Joint and private meetings. Outcome formulated by the parties based on perceptions and needs of parties. Decision based on facts, evidence, and law as presented to the arbitrators by the parties.