Although mediation and arbitration are both common types of ADR, there are significant differences between the two. In arbitration, the parties cede the right to resolve the dispute to an arbitrator, and are bound by the arbitrator’s decision, similar to a judicial order in litigation. In mediation, the parties come to the table to negotiate a mutually agreeable settlement, but either party may ultimately decide to proceed to litigation. In the clip below, Loretta Gastwirth, Chair of the ADR practice group at Meltzer, Lippe, Goldstein and Breitstone, LLP, and Michael Masri, a Partner in the firm’s Litigation and Labor & Employment practices, discuss using mediation clauses in commercial contracts (“always”), avoiding boilerplate arbitration provisions, and allowing your business clients to do what they do best - negotiate business decisions.
Sarah graduated from Simon's Rock College in 2005 with a BA in Linguistics, then worked in events production for several years before she graduated from New York Law School in 2012. Before joining Lawline, she worked in litigation management as a legal auditor. She loves working as a program attorney as it combines her legal knowledge and production background. She has two kids, two cats, and loves public transit and rainy days.