Although mediators may help the parties negotiate effectively, they do not dictate or recommend an outcome. The mediator's function is to draw out all the concerns of each of the parties, assist in ensuring accurate communication, outline issues and help the parties generate solutions. If all disputing parties cannot agree the mediator has no authority to impose a result. The costs of mediation include the mediator's fees and possibly an administrative fee. Each participant pays his or her own attorney.
Arbitration is a private process and can be speedy and economical.
It may be binding or non-binding, as the parties decide at the start of the proceedings. Non-binding means that if you or the other party does not like the decision you still have the opportunity to go to court and have your dispute litigated. At the arbitration hearings all parties give evidence, either written or through witnesses, to neutral decision makers called arbitrators. The arbitrators then decide the outcome of the dispute. The arbitrators are selected by the parties or appointed from a preselected list.