Carolann M. Aschoff P.C.

Jersey City and Bayonne 201-793-7739   |   Livingston 973-200-4892

  • Home
  • About
    • Firm Overview
    • Carolann M. Aschoff
    • Annmarie Jensen
  • Practice Areas
    • Divorce
    • Family Law
    • Mediation
    • Wills
  • The 2% Advantage
    • The Benefits of Hiring An Experienced Lawyer
  • Locations
    • Bayonne Family Law Office
    • Jersey City Family Law Office
    • Livingston Family Law Office
      • Livingston Divorce Lawyer
      • Livingston Mediation Lawyer
  • Blog
  • Contact
Carolann M. Aschoff, P.C.
  • Home
  • About
    • Firm Overview
    • Carolann M. Aschoff
    • Annmarie Jensen
  • Practice Areas
    • Divorce
    • Family Law
    • Mediation
    • Wills
  • The 2% Advantage
    • The Benefits of Hiring An Experienced Lawyer
  • Locations
    • Bayonne Family Law Office
    • Jersey City Family Law Office
    • Livingston Family Law Office
      • Livingston Divorce Lawyer
      • Livingston Mediation Lawyer
  • Blog
  • Contact

 201-793-7739

Experience The 2% Advantage: Certified Matrimonial Law Protection For Your Family

New Jersey Supreme Court | Seal of the Supreme Court of New Jersey | Certified Attorney
  1. Home
  2.  | 
  3. Mediation
  4.  | 
  5. Mediation vs. arbitration: What’s the difference?

Mediation vs. arbitration: What’s the difference?

On Behalf of Carolann M. Aschoff, P.C. | Sep 20, 2021 | Mediation

Although the arbitration and mediation processes do have similarities in the New Jersey legal system, they also have important differences that carry potentially significant legal consequences for the parties involved. Here, we’ll explore the differences between mediation and arbitration that any party should consider before starting negotiations.

Mediations vs. arbitrations: The similarities

Both mediation and arbitration are forms of alternative dispute resolution intended to resolve issues before they go to trial, which can be costly both financially and time-wise.

The role of the facilitator of such a negotiation — the mediator in the case of mediations and the arbitrator in the case of arbitrations — is to steer both parties into a mutually agreed-upon resolution that is acceptable.

One of the biggest benefits of these types of negotiations, in addition to saving the court system from overload, is that they allow each party to voice his or her interests without all the formality of the court system, which can be difficult for non-lawyers to navigate. The participants, either the facilitators or the disputing parties, do not necessarily need to be attorneys.

Mediations vs. arbitrations: The key differences

The main difference is that mediation is informal whereas arbitration is formal. Accordingly, the results of mediation are nonbinding, meaning that the decision of the mediator carries no legal weight. Either or both disputing parties can choose to ignore the decision of the mediator and pursue whatever legal action they choose.

On the other hand, the ruling of the arbiter is binding. Except under unique circumstances, the resolution offered by the arbiter cannot be appealed.

Arbitrations and mediations are similar proceedings under New Jersey law. However, one is legally binding, and the other is not. Participants should be aware of the benefits and risks of each type before participating in either type of negotiation.

Recent Posts

  • What should unmarried parents know about parental rights?
  • Does dating someone new affect a pending divorce?
  • Are you liable for your ex-spouse’s debts after a divorce?
  • Boutique law firm vs. large firm: What really sets them apart?
  • 4 signs a marriage qualifies for an annulment

Categories

Archives

RSS Feed

Subscribe To This Blog's Feed

Connect With Our Office

Carolann M. Aschoff, P.C.

Phone

201-793-7739 (Jersey City and Bayonne locations)

973-200-4892 (Livingston location)

Jersey City Office

295 Newark Avenue
Jersey City, NJ 07302

  Jersey City Office Location

Bayonne Office

503 John F. Kennedy Blvd.
Bayonne, NJ 07002
  Bayonne Office Location

Livingston Office

354 Eisenhower Parkway
Plaza Two, The second floor, suite # 2575
Livingston, NJ 07039

  Livingston Family Law Office

Social Media

  • Follow
  • Follow
  • Follow
Review Our Firm

© 2026 Carolann M. Aschoff, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw