Typical mediation cases, such as auto accident claims, are usually resolved after a half-day or, at most, a full day of mediation. Cases with multiple parties often last longer: Add at least an hour of mediation time for each additional party.

A mediator normally has no authority to render a decision. It’s up to the parties themselves — with the mediator’s help — to work informally toward their own agreement. An arbitrator, on the other hand, conducts a contested hearing between the parties and then, acting as a judge, rends a legally binding decision. Arbitration resembles a court proceeding: Each side calls witnesses, presents evidence, and makes arguments. Although arbitration has traditionally been used to resolve labor and commercial disputes, it is growing in popularity as a quicker and less expensive alternative to going to court.

Generally, the lawyers in a case get together and attempt to select a mediator in which they all are comfortable. Usually, this will be someone who is very knowledgeable on the subject matter of the case, skilled at mediation and considered relatively unbiased. Mediators can be either retired judges or practicing or retired attorneys.