Mediation vs. Arbitration in California
In mediation, a neutral helps you and the other side reach your own agreement and nothing is imposed. In arbitration, a neutral arbitrator hears both sides and decides the outcome — and private arbitration is usually binding under the California Arbitration Act (Code of Civil Procedure §1280 et seq.).
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
People often use “mediation” and “arbitration” interchangeably, but they’re very different — the key question is who decides.
The core difference
- Mediation — a neutral mediator helps the parties reach their own agreement. Nothing is imposed; the parties stay in control.
- Arbitration — a neutral arbitrator hears each side and decides the outcome (an “award”), much like a private judge.
Side by side
| Mediation | Arbitration | |
|---|---|---|
| Who decides | The parties | The arbitrator |
| Binding? | No (unless you sign a settlement) | Private arbitration: usually yes |
| Formality | Informal, flexible | More formal; evidence and argument |
| Control of outcome | Stays with the parties | Given to the arbitrator |
| Governing law | — | California Arbitration Act, CCP §1280 et seq. |
Court-connected versions
California courts also use these tools:
- Court-connected civil mediation — under Code of Civil Procedure §1775 et seq., courts can refer civil cases to mediation as an alternative to trial.
- Judicial arbitration — court-ordered, non-binding arbitration in some civil cases (CCP §1141.10 et seq.). If you don’t like the award, you can request a trial de novo within 60 days (§1141.20).
New to this? Start with what is mediation, and note that what you say in mediation is confidential. To get help choosing, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What's the difference between mediation and arbitration?
- In mediation, the parties decide — the mediator only helps them negotiate. In arbitration, the arbitrator decides, much like a private judge. Mediation is non-binding; private arbitration is usually binding.
- Is arbitration binding in California?
- Private (contractual) arbitration is generally binding under the California Arbitration Act, Code of Civil Procedure §1280 et seq. — the parties waive a trial and accept the arbitrator's award as final.
- What is judicial arbitration?
- Court-ordered, non-binding arbitration in certain civil cases (Code of Civil Procedure §1141.10 et seq.). Either side can reject the award and request a trial de novo within 60 days (§1141.20).
- Should I mediate or arbitrate?
- Mediation is worth trying first when you want to preserve a relationship and keep control of the outcome. Arbitration (or court) is for when you need a decision imposed. Many contracts require mediation, then arbitration, before litigation.
Sources
Related guides
- Child Custody Mediation in California When California parents can't agree on custody or visitation, the court sends them to mediation before the hearing (Family Code §3170). Each court provides it through Family Court Services, it's confidential, and in some counties the mediator may also make a recommendation to the judge.
- How Mediation Works: The Process Mediation usually follows a simple arc: the mediator's opening, each side shares their view, joint and private discussions (caucuses), negotiation, and — if the parties agree — a written settlement. It's voluntary, so anyone can end it, and what's said stays confidential.
- Is Mediation Confidential in California? Yes. Under California Evidence Code §1119, almost nothing said or written for a mediation is admissible as evidence or subject to discovery, and participants can't be forced to disclose it — subject to narrow exceptions. Attorneys must even give clients a written confidentiality disclosure before mediating (§1129).
- What Is Mediation? Mediation is a voluntary, confidential process in which a neutral mediator helps people in a dispute reach their own agreement. The mediator doesn't decide the outcome — the parties stay in control — which usually makes it faster, cheaper, and more private than court.