How mediation compares to arbitration and litigation

Arbitration is a process where one to three people are selected to serve on a panel and act as decision makers to resolve a dispute.

These decision makers hold a preliminary conference to determine what discovery, if any, is needed by the parties.

How mediation compares to arbitration and litigation

The arbitrator(s) and parties hold a conference call to establish a scheduling order. A hearing date is selected at that time.

At the hearing, the parties present evidence to the panel. The proceeding is conducted in a more informal manner than a trial. For example, the rules of evidence do not apply. The panel considers all of the evidence then renders an award.

The award is binding on the parties. There is a limited right to appeal a decision reached in arbitration.

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