Date last edited 12/17/2007
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What are the differences between an arbitrator and a mediator?
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A mediator |
An arbitrator |
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Helps the parties discuss their conflict with each other. |
Listens to the arguments of each party about why s/he is right, but does not help the parties discuss their conflict with each other. |
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Does not make a decision for the parties. A mediator helps the parties understand each other's side of the conflict. |
Makes a decision for the parties about who wins and who loses based upon information and arguments presented by each side. |
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If you and the other party(ies) want, a mediator helps you to work out a solution to the conflict. |
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Does not tell you his/her opinion about who is right or wrong, or about who will win and who will lose if a court is asked to decide the conflict. |
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In a mediation |
In an arbitration |
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If the parties reach an agreement, they may choose to write it down or leave it unwritten. An agreement is between the parties and it is their responsibility to follow it. |
If the arbitrator makes a decision about the conflict, the parties must follow the decision unless they have agreed beforehand that the decision is not final. |
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A court will not enforce a private mediation or an arbitrator's decision unless you or one of the other parties file a lawsuit asking the court to enforce it. The court will only enforce a signed mediation agreement. |
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| Source Maryland Legal Assistance |
Last review date: 9/22/02 (MLAN/AC) |
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