What is the difference between mediation and arbitration

Mediation: The parties to the dispute retain the right to decide whether or not to
agree to a settlement. The mediator has no power to impose a resolution, other than
the power of persuasion. All settlements reached at JDR through mediation are
memorialized in a written settlement agreement.
Arbitration: The parties give the power to decide the dispute to the arbitrator.
Evidence and argument is considered and a written arbitration award issued. The
process can be as formal or informal as the parties desire.
Advantages of mediation/arbitration

Resolution of civil disputes through arbitration or mediation is private, less

expensive and more efficient than trial in the courthouse.
In mediations

In mediations, should we have a joint session?

If the decision makers have not met, it is usually a good idea to have a joint
session so everyone can say hello. If matters of substance are to be discussed,
they should be limited to items which will assist in the settlement of the
case. Matters likely to inflame the other side are best discussed in private,
rather than during joint caucus.
In an arbitration

What do we do if we cant even agree on a date for the hearing?

Telephone the staff at JDR and they will arrange for a conference call with
your panelist during which all pre-hearing matter will be addressed and
resolved. If you cant even agree on a panelist, our rules have a procedure for
the appointment of one.