Disputants' perspectives on the differences between mediation and arbitration

Conclusion Our study of grievance mediation in the coal industry expands existing knowledge about mediation in three important respects. First, we have shown that mediation can be as successful in resolving disputes when it is involuntary as when it is voluntary. Second, disputants with experience in both mediation and arbitration substantially prefer mediation to arbitration. Third, by combining the second conclusion with the results of other studies that show mediation is preferred over court adjudication, we suggest that mediation is generally preferred to adjudication, regardless of the particular type of adjudication—arbitration or court.Stephen B. Goldberg is Professor of Law at Northwestern University Law School, 357 East Chicago Ave., Chicago, Ill. 60610.Jeanne M. Brett is DeWitt W. Buchanan, Jr. Professor of Dispute Resolution and Organizations at the J. L. Kellogg Graduate School of Management, Northwestern University, Evanston, Ill. 60208.This article is based in part upon research reported in Brett and Goldberg, 1983.