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.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 997 reviews
Nick Schwarz, a fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.
Daniel Young and Carren Leavitt were excellent to work with. It was a very difficult process for me on a personal level and they walked me through each step to a successful outcome I’m very happy with .
Response from the owner:Thank you so much. Glad we could help.
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David!
I can’t recommend Nick Schwarz enough. He really cares about his clients, goes above and beyond to exceed expectations and he does extra research to offer insights no one else would think of. I’ve worked with him on several projects in the past and he’s always both very impressive and intrinsically creative. Would recommend him to anyone.
Nick Schwarz and I were colleagues and he is extremely thoughtful and cared about clients. He is an excellent attorney and an even better person. He will make an excellent addition to any case.
Dani is the best paralegal I know. Clear communication, professional, and intelligent.
Paul Waldron offers a competent and mindful approach to navigating family law. Thank you Paul for being an asset in our community that we can all depend on.
Truly so grateful for the care and expertise of Brown Family Law. (Specifically Carren and Daniel) I’ve been going through a really difficult time, and having legal support met with such kindness and understanding meant the world to me. They not only provided excellent guidance, but also made me feel seen and supported. I will always refer people here and am so grateful for the compassion I experienced.
I cannot recommend Attorney Nicholas Schwarz highly enough! He is extremely professional, responsive, and truly dedicated to his clients. What sets Nick apart is not only his deep knowledge of the law, but also the genuine care and compassion he shows for his clients. He takes the time to explain everything clearly, answer questions promptly, and make you feel supported throughout the entire process. If you’re looking for someone who will fight for you while keeping your best interests at heart, Nick is your person!
Nick Schwarz is an outstanding attorney who combines sharp legal skills with genuine care for his clients. He is professional, attentive, and deeply committed to helping families through challenging times. I highly recommend him.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories