If our contract has an arbitration clause, can we still mediate?
Direct Answer
Yes. An arbitration clause and mediation are not mutually exclusive.
Yes. An arbitration clause and mediation are not mutually exclusive. Mediation is a facilitated negotiation in which a neutral helps the parties reach their own voluntary agreement, while arbitration is a binding adjudication in which a neutral decides the outcome. Parties bound by an arbitration clause frequently attempt mediation first, and many arbitration rules and contracts expressly encourage or require a mediation attempt before the arbitration proceeds. Resolving the matter in mediation can save the substantial cost and time of a full arbitration, and nothing said in mediation compromises the party's position if the arbitration later goes forward.
Expert reviewer
Joseph P. Farina (Ret.)
The Honorable Joseph P. Farina (Ret.) is one of Florida's most respected dispute resolution professionals. A retired Chief Judge of Florida's Eleventh Judicial Circuit, …
Reviewed September 1, 2026
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