Mediation & Arbitration

Mediation is a negotiated settlement process led by a neutral mediator who helps parties explore resolution. Arbitration is a private adjudicative process where an arbitrator (or panel) hears evidence and issues a decision—often called an “award.”

Mediation is typically non-binding unless the parties sign a written settlement agreement. Arbitration is often binding if the contract requires it, and a final award can generally be confirmed and enforced in court, subject to limited review.

These processes are commonly used when parties want to reduce cost, limit disruption, protect confidentiality, or achieve a faster outcome. They may also be required by contract (for example, in commercial agreements, construction contracts, or employment arrangements).

Mediation is usually confidential by rule or agreement, and communications made in mediation are often protected. Arbitration can also be private, but confidentiality depends on the arbitration rules, the contract, and any protective orders entered.

Mediation typically involves a joint session, followed by private caucuses where the mediator meets separately with each side. The mediator helps clarify risks, evaluate proposals, and facilitate negotiation toward a settlement.

• Each side may submit a confidential mediation statement in advance.
• The mediator may exchange offers and counteroffers between caucuses.
• If settlement is reached, the parties document it in a signed agreement.

Arbitration usually includes an initial conference, limited discovery (depending on rules and the arbitrator’s orders), a hearing with evidence and witness testimony, and a written award.

The scope and formality can vary significantly—some arbitrations resemble a streamlined trial, while others are more limited in procedure.

Costs typically include the neutral’s fees (mediator or arbitrator), any administering organization’s fees, and attorney and expert costs. Allocation may be set by agreement, rules, or arbitrator order, and fee-shifting may apply if the contract or law allows it.

Often, yes. Mediation can occur at almost any point in a dispute. Arbitration can be faster than court litigation because it may reduce motion practice and trial scheduling delays. However, timelines depend on case complexity, discovery scope, and the parties’ availability.

Review of arbitration awards is typically limited compared to court judgments. Parties may seek to confirm, modify, or vacate an award in court on narrow grounds defined by statute and applicable rules. The specific standards depend on the governing law and arbitration agreement.

Effective counsel clarifies objectives, assesses risk, prepares persuasive submissions, and positions the matter for resolution or victory. In arbitration, counsel also manages procedure, evidence presentation, and award enforcement strategy.