This is a more formal process which places before a neutral arbitrator the facts and needs of the disputing parties. The arbitrator assesses all information and then makes a ruling or award. Arbitration is usually entered into by contractual agreement when issues cannot be resolved by mediation. Arbitration is usually faster, less formal and less costly than litigation. Arbitration Awards cannot usually be appealed by the parties, whereas, litigation decisions can be appealed to a higher court.

There are two main forms of Arbitration:

Mediation/Arbitration Same: This is a situation where the mediator is also chosen as the arbitrator. The decision to use the same professional in both capacities is determined at the beginning of the mediation process.

Mediation/Arbitration Different: This is a situation where a different person from the mediator is chosen as the arbitrator. This option may use an Arbitration Panel where the disputing parties each choose an arbitrator. Then the arbitrators, in turn, choose another arbitrator to chair the panel.

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