Choosing a Method: Mediation, Arbitration or Trial

The agreement you have with another party will control which method you utilize.

However, if you are looking to initiate a method of resolving your dispute without a prior agreement, the process of selecting a method need not be a daunting task.

You can select the process of mediation, arbitration or trial based on your values and preferences.

Mediation works well for those who:

  • Do not want someone else deciding the outcome of the dispute
  • Still want to pursue arbitration or a trial if you do not reach a resolution
  • Want a more affordable, more timely and less stressful process than an arbitration or trial
  • Want confidentiality

Arbitration works well for those who:

  • Want to enlist the expertise of a limited group of outside decision makers (one arbitrator or a panel of 3 arbitrators)
  • Prefer the decision to be final without the time and expense of a trial and/or appeal
  • Do not want to establish a precedent and want the resulting decision to apply only to this particular case
  • Are not standing up for an ideal
  • Seek a final outcome
  • Want a more affordable, more timely and less stressful process than a trial
  • Want confidentiality

Trial works well for those who:

  • Are standing up for a principle, cause or set of rights
  • Want to draw media attention
  • Want a judgment by peers (jury)
  • Seek a final outcome
  • Have the right to appeal