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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I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.
Could not help with my case but referred me to someone who could .
Clay Randle was great and I would highly recommend him for an attorney.
Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️
I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.
Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.
I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!
I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
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