Guide
Mediation vs. court vs. arbitration
Three ways through a dispute, compared in plain language so you can choose the right path.
Side by side
| Going to court | Arbitration | Mediation | |
|---|---|---|---|
| Who decides | A judge or jury decides for you. | An arbitrator, or a panel, decides for you. | You decide, together. |
| Privacy | Filings and hearings are generally public record. | Generally private, under the parties’ agreement and rules. | Private and confidential, within the limits of the law. |
| Cost | Legal fees grow with every filing, hearing and delay. | Often less than court, but arbitrator fees and hearings add up. | Fees explained in writing before you start. |
| Timing | Set by the court’s calendar. | Set by hearing schedules. | Scheduled around you. |
| Relationships | Adversarial by design. | Still adversarial, with a winner and a loser. | Collaborative, built to preserve the relationships that matter. |
| Outcome | A ruling you must accept. | A decision, usually final with limited appeal. | Terms tailored to your situation, written down and signed only if you agree. |
A general comparison; every case differs. Mediation is not legal advice.
When each one makes sense
Court makes sense when…
you need a binding ruling, a safety order, an emergency remedy or enforcement, or the other side won’t take part in good faith.
Arbitration makes sense when…
your contract requires it, or you want a private, binding decision from a chosen expert instead of a judge.
Mediation makes sense when…
you want to stay in control, keep things private and preserve a relationship you still need.
Not sure which fits you? Take the 1-minute self-check
Common questions
Not until you both sign a written agreement. If you don’t reach one, you keep every option you had before, including going to court or arbitration.
Yes. Many people try mediation first, and courts often encourage it. Ask your attorney how mediation fits your case and any deadlines.
In arbitration a neutral person hears both sides and decides. In mediation a neutral person helps you reach your own agreement and decides nothing.
Steven is a mediator, not an attorney, and can’t give legal advice. Many people consult their own attorney before signing, and attorneys are welcome to take part.
Start with a conversation.
A free 20-minute consultation to see whether mediation fits. No cost, no obligation.
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