What is the Difference Between Mediation and Arbitration?

Many people do not know the difference between mediation and arbitration. Often, the terms are used interchangeably. This is understandable, as there are similarities between the two. Both mediation and arbitration are types of alternative dispute resolution, which refers to any procedures for settling disputes outside the courtroom. Both mediation and arbitration also involve a neutral third party. However, there are key differences between mediation and arbitration.

The biggest difference is that mediation is non-binding. Mediation refers to a process by which two people attempt to reach an agreement with the assistance of a neutral third party, called the mediator. The mediator helps to facilitate communication and negotiation between the parties. The mediator does not have any authority to resolve any disputes. In other words, if the parties are unable to agree, they probably will have to go to court.

In contrast, arbitration is binding. Similar to mediation, a neutral third party conducts this process. This third party is called the arbitrator. In some cases, there may be more than one arbitrator. The arbitrator listens to both parties’ sides and then decides the case. Because this decision is binding, the parties must follow it even if they do not agree.

In some ways, arbitration is similar to litigation. Both procedures are binding and involve a decision-maker (either the arbitrator or the judge) who resolves the dispute. People sometimes favor going to arbitration over litigation because of how costly and time-consuming litigation can be.

If you are involved in a family law dispute, you should consider mediation, arbitration, or another form of alternative dispute resolution. In fact, Utah law requires couples to attend mediation at the start of every divorce case. Even if the divorce is not contested, mediation can still be very helpful. It allows you to work with the other party to communicate your concerns, share critical information, and hopefully resolve your issues more quickly.

To learn more about alternative dispute resolution, speak with a family law attorney. Each case is different, and an attorney can help you decide which process is right for you.

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Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
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My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
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Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
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Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
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Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
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Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
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