Mediation and arbitration are how most San Francisco employment cases are resolved. Mediation is a voluntary process in which a mediator helps the parties settled the dispute. The mediator does not decide who wins, instead, they simply help the parties negotiate. It’s not binding and the parties are free to reject the mediator’s suggestions. Arbitration, on the other hand, is binding. The arbitrator acts as the judge and will decide who wins. Most employees today are required to agree to arbitrate as a condition of employment.