Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

What is the difference between mediation and arbitration?

Arbitration and mediation are both processes designed to achieve a solution in circumstances where parties cannot agree and may end up in court as a result. In the case of arbitration, parties make their case before an arbitrator or an arbitration panel, empowered to make a final decision in the matter.

Mediation, in contrast, is the option where both parties agree to hire a mediator, usually a Schaumburg lawyer who understands how to communicate with each party to achieve an agreement. A mediator does not make the final decision but rather drafts an agreement both parties sign. Then, this agreement is presented to the court for a final and binding decision.

Is Arbitration Better Than Mediation in Rolling Meadows?

Arbitration has more implications for the outcome than mediation. Depending on the circuit, arbitrators are usually empowered as adjuncts to the court, and their participation may be limited to only certain kinds of cases. For example, the court reports that “In the 17th Judicial Circuit (Winnebago and Boone Counties), the program applies to all civil cases seeking money damages greater than $10,000 and less than $50,000.”

Mediators may work with numerous different types of actions because mediation is less formal and non-binding. It also offers more flexibility as the mediator can work between the parties as long as required to achieve an agreement. But the parties themselves decide on the deal, which only then is submitted to the court.

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