Mediation

Mediation is one way for people to settle disputes or lawsuits outside of court. In mediation, a neutral third party – the mediator – helps the disputing parties look for a solution that works for both of them.

Mediators, unlike judges, do not decide cases or impose settlements. The mediator's role is to help the people involved in a dispute to communicate and negotiate with each other in a constructive manner, to gain a better understanding of the interests of all parties, and to find a resolution based on common understanding and mutual agreement.

The purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial.

Mediation has many benefits:

• Mediation can be less time-consuming, more flexible, and less expensive than proceeding in court.
• Mediation often leads to resolutions that are tailored to the needs of all parties. Generally, the best solution to a problem is one worked out by the parties themselves.
• Many people find mediation more satisfying than a trial because they play an active role in resolving their dispute, rather than having a solution determined by a judge.
• The mediation process is informal and completely confidential. Parties in mediation may speak more openly than in court. Many people find mediation a more comfortable and constructive process than a trial.
• In situations where the parties have an ongoing relationship, mediation is particularly helpful because it promotes cooperative problem-solving and improved communication.

Arbitration

Arbitrators, like mediators, are neutral third parties. However, unlike mediation, parties who wish to arbitrate a case must agree to be bound by any decision made by the arbitrator. That decision is legally binding and enforceable against the parties. Arbitration is a less formal process than a trial.

Arbitration has many benefits:

• It can be a fast and effective way to reach a final resolution to a dispute.
• It allows parties to determine who will decide their case.
• An arbitration hearing can be private.

Arbitration is governed by the Arbitration Act.