What is the difference between mediation and arbitration?
Mediation and arbitration are totally different. I’ll start with arbitration. Arbitration is a formal process, which starts with a “demand for arbitration” and ultimately goes before either one arbitrator or a panel of arbitrators who make rulings and a final decision.
Arbitration, again, is a process, and it involves the introduction of witnesses, potentially expert testimony, and case law and so forth.
Mediation, on the other hand, is an informal meeting – usually prior to trial, where the parties hopefully can come to an agreement through the use of a mediator. A mediator does not make any final decisions; instead, the mediator tries to facilitate an agreement.