WHAT IS THE DIFFERENCE BETWEEN LITIGATION, MEDIATION AND ARBITRATION?
Litigation refers to the process by which a matter is brought into a formal court setting where the outcome is often determined by a judicial officer, such as a judge or commissioner, after reviewing legal briefs and hearing oral arguments. Mediation can take several forms, from mandatory court mediation, which is required in all custody disputes, to private mediation with a neutral third party, usually a lawyer or mental health professional. Mediation often suggests a setting wherein the parties attempt to reach an agreement on the disputed. Arbitration is a hybrid of litigation and mediation. Often the arbitrator’s role is determined by the parties’ agreement. For example, the parties may agree that the arbitrator will serve as a judge in their case and will have the power to make binding decisions.
