Georgia contract says binding arbitration, but the other side wants to mediate first; can I still pursue arbitration or go to court later?

Mediation is a voluntary negotiation process and does not cancel your right to arbitration or court. You may participate in mediation without a lawyer and try to reach a settlement. If mediation does not result in an agreement, you may still proceed to binding arbitration or court, as provided in your contract. For arbitration or court proceedings, having a lawyer is strongly recommended to fully protect your rights and interests.

In Georgia, mediation is a voluntary, non-binding process that requires the consent of both parties. One party cannot unilaterally compel mediation where the contract provides for binding arbitration as the agreed dispute-resolution process.

If the parties mutually agree to attempt mediation, doing so does not affect or waive the right to proceed to arbitration if no settlement is reached. Arbitration remains the binding dispute-resolution mechanism chosen by the parties, and access to court litigation on the merits is generally excluded, except for limited purposes such as interim relief or enforcement of an arbitral award.

Although mediation itself does not require legal representation, retaining an attorney is strongly advisable to protect procedural rights, prevent delay tactics, and ensure that the right to initiate arbitration is properly preserved.

If you intend to hire counsel, a Georgia-based disputes or arbitration lawyer can review the contract and guide you through mediation and arbitration in a way that safeguards your legal position.