Arts & Culture
How Mediation and Arbitration Differ from Court Litigation
Quick fact
Mediation, arbitration, and litigation are three different ways to handle a legal conflict, but they differ profoundly: mediation is a facilitated negotiation that produces a non-binding agreement (unless the parties make it binding), arbitration is a private binding trial with limited appeals, and litigation is the public court process with full appeals. A key surprise: in arbitration, the parties often give up their right to appeal and sometimes their right to a jury, making the arbitrator's decision nearly final—something many people only realize when they try to appeal an arbitration award and find they can't.
Why this is interesting
You have a dispute with a business, and you're told you can't go to court because of an arbitration clause. What does that actually mean—and why would anyone agree to forfeit their day in court?