How is arbitration different from mediation?
The primary difference between mediation and arbitration is that the patient(s) agrees to arbitration prior to receiving care and treatment, and the arbitrators’ decision is binding. The mediation process is used only after a claim has been made and Notice of Intent to Pursue Litigation has been given. In mediation, nothing is determined unless the parties reach an agreement, which is reduced to writing and signed by the parties and their attorneys. In arbitration, the decision of the arbitration panel is binding on the parties, whether they agree with the result or not.
