Mediation and Arbitration–Part Deux

Sometimes the terms “mediation” and “arbitration” are confused. They sound similar and are both forms of “alternative dispute resolution” (sometimes referred to as “ADR”). But they are really quite different.

Arbitration is like a private trial. An arbitrator (usually a retired judge or very seasoned attorney) serves in a role like a judge. Though arbitration is typically less formal than trial, the arbitrator will make a determination that is just as enforceable as a judge’s ruling or a jury’s verdict.