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What is the difference between mediation and arbitration?

General Mediation

Answer

Mediation is a consensual settlement process in which the parties decide whether to settle and on what terms. Arbitration is an adjudicative process in which an arbitrator hears the parties' positions and evidence and then issues a decision. Arbitration may be binding or nonbinding depending on the agreement, statute, or court rule.

Reviewed by Wayne Lazarus on September 13, 2026.

This information is educational and is not legal advice.

Reviewed by Wayne H. Lazarus, attorney with more than 50 years’ experience, member of the State Bar of Georgia and The Florida Bar, and of Alternative Dispute Resolution sections.