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Arbitration is different from mediation, another form of alternative dispute resolution, because an arbitrator makes a decision deciding the dispute while a mediator attempts to facilitate a settlement among the disputing parties. A mediator has no power to force a settlement.
Since the process is non-binding, no party has given up any constitutional rights by engaging in this type of arbitration. Contractual arbitration is a legal process by which a dispute arising from or related to a contract is resolved. It is based on a pre-dispute agreement between the parties. In contractual arbitration, the parties have agreed pursuant to an arbitration provision in their contract that in the event of a dispute, the matter will be resolved by arbitration. In most cases, arbitration related to a contract is legally binding.