What distinguishes arbitration from mediation?

Arbitration is distinct from mediation primarily because a neutral arbitrator makes binding decisions in arbitration. In this process, the parties involved present their cases to the arbitrator, who then evaluates the evidence and arguments before making a decision that is typically final and enforceable by law. This binding nature of arbitration provides a clear resolution to disputes, which can be essential for parties seeking a definitive outcome.

In contrast, mediation involves a neutral mediator who facilitates communication between the parties, assisting them in reaching their own voluntary agreement. The mediator does not impose a decision on the parties; instead, they guide the negotiation process. Therefore, the resolution in mediation is not binding unless both parties mutually consent to it outside of the mediation process.

The other options do not accurately represent the key differences between arbitration and mediation. For instance, mediation does not inherently require a judge, nor is arbitration typically a public process; in fact, arbitrations are usually private. While parties in arbitration do have some level of control over the process, the distinguishing factor is the arbitrator's role in making binding decisions.