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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?