Jaburg Wilk


The Difference Between Arbitration, Mediation, and a Trial

Categories: Litigation

Transcript of Arbitration Vs. Trial

Hi, my name is Mitchell Reichman.  I’m a board certified specialist in Family Law and chair of the Family Law Department at Jaburg Wilk.

Arbitration is different than trial in important ways. First, arbitration occurs in private offices and so the process is confidential. Another way it’s different is if arbitrators are not bound by time constraints that judges find because of their crowded calendars. Arbitrators can set hearings based on the convenience of the parties without having to accommodate many other people all at the same time.

It would not be inaccurate to think of an arbitrator as a private judge. It is a person who is appointed by court order to make decisions, very much the way a judge would make decisions. This is an important distinction between arbitration and mediation. Mediators have no authority to make any decision; arbitrators are fully empowered to make decisions. They hold hearings, they take evidence, they listen to testimony of witnesses, they can issue subpoenas to have witnesses appear and they make decisions after trial.

About the author: Mitchell Reichman is an Arizona State Bar Board Certified Family Law Specialist and attorney at the Phoenix law firm of Jaburg &Wilk. He is a Board Member of the Executive Council of the Family Law Section of the State Bar and rated AV Preeminent by Martindale Hubbell. Mitch has been named a “Best Lawyer in America” by Best Lawyers, “Arizona Top 10 Family Law Lawyer” by Arizona Business Magazine and a “Southwest Super Lawyer.” Now in his thirty-first year of practice, Mitch seeks to maximize the probability of each of his clients obtaining a favorable outcome in his or her family law conflict.