As a professional Mediator in the Ottawa area I sometimes get asked “what exactly is a difference between mediation and arbitration”?

 The basic difference really lies with “who” it is that actually resolves the conflict. Here is an example of what I mean. Let’s look at mediation first. As a lawyer involved in family mediation here in the Ottawa area I have a lot of clients that were looking mediation services, so I will use an example relating to family conflict.

 I do a lot of family mediation work and usually what happens is I will be approached by a couple or even one of the partners seeking mediation because they want to divorce or separate without going to court.

 In this case I help them facilitate both parties coming to some sort of resolution that both parties are happy with. In this instance it is the parties that decide whether or not they will accept the resolution or not – it’s not the mediator that decides what happens, it’s the parties involved who make all the decisions.

So a mediator is a professional conflict resolver and can provide an alternative to fighting things out in court where a judge is going to decide the final outcome. Mediators can handle a wide range of disagreements that can include everything except criminal cases.

 It is usually less expensive to use mediation which is one of the drivers in more and more people deciding to use them. Courts are also encouraging mediation as an alternative resolution dispute method instead of clogging up the courts with issues that can be dealt with by other means.

Let’s look at arbitration. There are two basic types of arbitration. The first in “non binding” arbitration and the second is “binding arbitration”.

In arbitration, the parties present their case to a neutral third party (the arbitrator) who will listen to arguments of the parties involved. The people who present the arguments, may or may not be using their own lawyers to argue their case.

After considering the arguments put before him/her they will make a decision concerning the matter.

Whether or not that decision will be binding or not would have been decided by the parties involved prior to the arbitrator rendering a decision.

I hope that this information has been helpful. As a mediator in the Ottawa area that has been providing services in the family mediation arena, I would be happy to meat with you or chat on the phone concerning your particular situation.

Jeremy Dolgin

Reynolds Dolgin Family Law