What are the differences between mediation, arbitration and litigation?
While mediation is a process in which the parties control the outcome of their case, arbitration and litigation both involve procedures in which the parties turn over the decision making about the case to someone else. An arbitrator is, in effect, a private judge, agreed upon and hired by the parties to decide their case. Some arbitrations utilize more than one arbitrator. While less formal, there are still many more rules that apply to the process; arbitration, for instance, involves the presentation of evidence. Arbitration can be expensive. Litigation is the most formal of the three and involves filing formal legal documents that are public record. Legal motions may be filed with a judge determining what aspects of a case may get to a jury. Litigation is usually the most time consuming and expensive of the three processes.
