Arbitration and mediation
Arbitration or Mediation: What Is the Difference?
A general comparison to help parties understand the two paths before choosing how to manage a dispute.
Legal practice and guidance
Arbitration and mediation
Updated: 10 September 2026
General editorial legal material published on the firm’s website.
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A general comparison to help parties understand the two paths before choosing how to manage a dispute.
Key points
- Mediation is a negotiated path
- Arbitration is a private adjudicative path
- The choice depends on the matter
Useful for: Useful for initial reading and identifying questions that may need legal review.
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Mediation is a negotiated path
Mediation helps parties explore a solution with a neutral mediator. It generally depends on the parties accepting the proposed resolution or final agreement.
Arbitration is a private adjudicative path
In arbitration, an arbitrator or tribunal considers the dispute under the agreement and applicable rules, potentially resulting in an arbitral award.
The choice depends on the matter
No single path fits every dispute. Review the contract, facts, timing, cost, confidentiality, and enforceability before choosing.
Frequently asked questions
Mediation is a negotiated path?
Mediation helps parties explore a solution with a neutral mediator. It generally depends on the parties accepting the proposed resolution or final agreement.
Arbitration is a private adjudicative path?
In arbitration, an arbitrator or tribunal considers the dispute under the agreement and applicable rules, potentially resulting in an arbitral award.
The choice depends on the matter?
No single path fits every dispute. Review the contract, facts, timing, cost, confidentiality, and enforceability before choosing.
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