What is the difference between arbitration and mediation in a business litigation suit?

  • Mediation is not binding.
  • There is a neutral third party trying to get the parties together, trying to get the litigants to discuss their differences and mutually agree to a settlement.
  • Arbitration is usually binding.
  • the arbitrator listens to both sides and he makes a decision as to how the dispute is to be resolved.
  • That decision is taken out of the hands of the litigants and put solely in the hands of this neutral arbitrator.
  • Sometimes it’s one person, sometimes it’s a panel of two or three arbitrators, but they make the final decision.
Cohn, Lifland, Pearlman, Herrmann and Knopf LLP
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