Disputes can be resolved in several ways. The right choice depends on cost, speed, the relationship between the parties and whether you can appeal.
Mediation
A neutral mediator helps the parties negotiate. The mediator does not decide the outcome, and any agreement is voluntary. Mediation is usually fast, private and inexpensive, and works well when parties want to preserve a relationship.
Arbitration
An arbitrator, or panel, hears both sides and issues a decision, often binding. It is usually faster and more private than court, but rights to appeal are limited. Many contracts require arbitration, so check yours.
Court
A judge or jury decides under formal rules, with discovery and appeal rights. Court can be slower and more costly but offers full procedural protections and public records.
How to decide
- Do you want a binding decision or a negotiated outcome?
- How important are speed and cost?
- Do you need discovery or the right to appeal?
- Does a contract require arbitration or mediation first?
- Is privacy important?
Frequently asked questions
Can a mediator force me to settle?
No. Mediation is voluntary.
Can I sue after losing arbitration?
Generally not, except in limited circumstances such as fraud or misconduct.