Alternative dispute resolution has become a frequently used method to resolve litigated disputes. Using either mediation or binding arbitration should keep the dispute out of court. But, which is the better forum to utilize? The short answer is it depends on the client’s primary goal or goals in utilizing ADR.

As an experienced litigator who has utilized both mediation and binding arbitrations to resolve disputes, I am a strong proponent of mediation due to the ability to control the entire process without having the outcome imposed upon your client. Although arbitration is well suited to certain types of disputes, utilizing arbitration as a means to settle disputes results in a loss of control over the outcome, compounded by the limited right to vacate an arbitration award.