What can a mediator offer?

When dealing with the possibility of litigation, it may seem overwhelming at first. However, you do not necessarily need to turn to litigation immediately.

Instead, consider mediation as a first step to take. If it does not work out, you can still ultimately choose another path.

Arbitration vs. mediation

FINRA discusses the differences between arbitration and mediation. Mediation serves as a tool that puts most of the focus, power and responsibility on you and the other people involved in the dispute.

Arbitration, on the other hand, offers more structure. An arbitrator has powers similar to a judge, in that they can determine how they want you and other members of the dispute to handle the resolution. They pass down their judgment and you must all abide by it.

To that end, arbitration tends to work better for people who need a little more guidance or perhaps have worse arguments with more at stake.

If you believe that you can work out your dispute with little external help, consider mediation instead. Though a mediator does not have the power to decide what you and the others should do, they still have numerous important skills.

The skills a mediator has

For example, they provide a unique third-person perspective that lets them see things that no one else would. They also have training in dispute mediation and de-escalation techniques. This means if arguments start, they can step in and keep it from getting out of hand.

On top of that, they ensure that all parties have equal space to speak and share their side of things. This is all-important help that can smooth the process to a resolution.