How is mediation similar and different from arbitration?
Both mediation and arbitration are used as an alternative to litigation. Both employ a third party. Both can be binding but typically mediation is non-binding (unless parties take it a step further and file an agreement in court – see below) and arbitration is usually binding. Arbitrators usually act similarly to a judge and there may be more than one arbitrator employed on a case. Also, the major difference is that, like a judge, an arbitrator decides the outcome of the dispute unlike in mediation where the parties, not the mediator, decide upon an agreement.
