Mediated resolutions can be more thorough and may be reached more quickly and at less cost. In addition, the process is entirely private, whereas court proceedings are open to the public and may be covered by the press. Undertaking mediation does not require the relinquishment of other dispute resolution options. If the parties do not resolve their dispute in mediation, they may prosecute the claim in court, or they may utilize arbitration or a private trial. Also, even if all issues are not resolved, the parties may gain from mediation a clearer, more realistic view of the issues in dispute.
Arbitration is a formal process that closely resembles a court trial without a jury.
The parties decide in advance whether the arbitrator's decision will be binding or advisory. In arbitration, witnesses are sworn in, examined, and cross-examined. Documentary evidence or exhibits may be submitted, and opening and closing arguments may be made. In complex cases, briefs may be submitted on the issues. The rules to be followed may be designed by the parties or their representatives, or they may be adopted from a set of preexisting rules for arbitration.