What is the Difference between Mediation and Arbitration?


Mediation and arbitration proceedings are both alternatives to litigation. Though both procedures employ a neutral third party, mediation is normally a non-binding procedure while arbitration is a binding procedure. Mediators do not judge the case but help facilitate a discussion and eventual resolution of the dispute. Arbitrators generally act similar to a judge and make decisions about evidence and give written opinions. Many Colorado courts are requiring mediation between parties prior to setting a case for trial.


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