Differences between Arbitrator and Mediator

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Arbitrator vs. Mediator[edit]

Arbitration and mediation are methods of alternative dispute resolution (ADR) used to resolve disputes outside of court proceedings.[1][2] Both processes utilize a neutral third party to help resolve conflicts, offering a faster and typically less expensive alternative to litigation.[3][2] However, they differ significantly in the role of the neutral party and the nature of the outcome.[4] A mediator facilitates a negotiated agreement between the parties, while an arbitrator acts more like a private judge, rendering a decision on the dispute.[5][4]

A key distinction lies in the control the parties retain over the final resolution.[5] In mediation, the parties themselves are the decision-makers and must mutually agree to any settlement. In contrast, arbitration involves the parties presenting their case to an arbitrator who then makes a decision.

Comparison Table[edit]

Category Arbitrator Mediator
Role of Neutral Party Acts as a private judge; listens to evidence and arguments to make a decision.[4] Acts as a facilitator; guides communication and negotiation between the parties.
Decision-Making Authority Holds the authority to issue a final and binding decision, known as an award. Has no authority to impose a decision; the parties control the outcome.[5]
Outcome A legally binding decision (award) that is enforceable in court.[1] A mutually agreed-upon settlement agreement, which can be made into an enforceable contract.
Process Formality More formal process, resembling a simplified trial with rules of procedure and evidence.[3][5] Informal and flexible process focused on collaborative discussion and negotiation.[5]
Confidentiality Proceedings are private, and there is a general duty of confidentiality, though disclosure may be required by law. Discussions and materials are generally confidential and cannot be used in later court proceedings.
Relationship Preservation The adversarial nature may not be conducive to preserving relationships. The collaborative process is often chosen to help maintain or repair relationships.[5]
Venn diagram for Differences between Arbitrator and Mediator
Venn diagram comparing Differences between Arbitrator and Mediator


The process of arbitration is generally more formal than mediation.[5] It often includes the presentation of evidence and witness testimony in a manner similar to a court trial, but with more relaxed procedural rules. Mediation, conversely, is a less structured process centered on dialogue and negotiation facilitated by the mediator.[1]

Regarding the finality of the outcome, an arbitrator's decision, or "award," is typically legally binding and can be enforced by a court. Appeals are possible only under very limited circumstances. A mediated agreement, on the other hand, becomes a legally binding contract once it is signed by the parties. The enforceability of the outcome in arbitration is a key feature, whereas in mediation, the enforceability stems from the contractual nature of the final agreement reached by the parties themselves.

In some instances, a hybrid approach known as "med-arb" is used, where the parties agree to mediate first, and if no agreement is reached, the same neutral third party will then act as an arbitrator to render a binding decision.


References[edit]

  1. 1.0 1.1 1.2 "mediatoracademy.com". Retrieved January 22, 2026.
  2. 2.0 2.1 "adrtimes.com". Retrieved January 22, 2026.
  3. 3.0 3.1 "purduegloballawschool.edu". Retrieved January 22, 2026.
  4. 4.0 4.1 4.2 "superlawyers.com". Retrieved January 22, 2026.
  5. 5.0 5.1 5.2 5.3 5.4 5.5 5.6 "duffyandyoung.com". Retrieved January 22, 2026.