Mediation vs. Arbitration

Gillespie, Shields & Associates

When people are going through a legal matter, two ways in which they can avoid the complex litigation process are mediation and arbitration.  Mediation is a conflict resolution process that allows people to settle their conflicts without having to step foot in a court room.  During mediation, an unbiased third party will preside over discussions and serve as a mediator to reduce disputes and to help involved parties reach amicable resolutions. 

Arbitration is a process that also allows people to resolve conflicts outside of a court room.  During the arbitration process, an unbiased third party will be appointed to review the case and then make a final decision related to the proceedings.  For example, if spouses were going through a divorce, an appointed arbitrator may make decisions related to spousal support or child custody.

The main difference between mediation and arbitration is that in cases involving arbitration, an arbitrator will make a final ruling.  The final ruling or vote is known as an “award” and is derived after the arbitrator carefully reviews and considers all aspects of the case.  Once the decision is made, it is legally binding and cannot be changed unless a person files an appeal.  Appeals are only permitted under very special circumstances as the court tends to trust the judgment of the arbitrator.  

When people work with a mediator, the mediator does not make any final decisions.  Instead, the mediator helps involved parties make important decisions together.   During mediation, people are encouraged to make their own decisions while the mediator facilitates conversations and keeps people calm.   The mediator serves as a middleman and he/she will not take sides.  

Another key difference between mediation and arbitration is that during mediation, a person can end the process at any time.  However, when people participate in arbitration, they must complete the entire process and cannot terminate proceedings.   

Arizona Mediation & Arbitration Attorneys       

Representing Individuals in Phoenix, Mesa, Chandler & Gilbert

If you’re looking to work with a trustworthy and understanding Phoenix mediation or arbitration lawyer, contact Gillespie, Shields & Associates today!