Robert B. Freedman has a pithy answer for anyone who asks him to explain the difference between an arbitration and a mediation: “About five miles.”
In his nearly two years as a neutral with JAMS, Freedman and his Apple Watch have logged a lot of miles. He handles a variety of civil matters in both formats, but more than three quarters of his cases have been mediations. Most of the time, these cases involve the parties sit... (continued)