调解与仲裁都是以自愿协商为基础的解纷机制。在调解中当事人自始至终控制整个纠纷解决过程和结果;在仲裁中当事人为纠纷的解决设定了整个程序和实体的规则框架。因此,可以说,调解是当事人直接解决纠纷的解纷方式;仲裁是当事人间接解决纠纷的解纷方式。然而它们都是由状况性因素所左右的解纷机制。 Mediation and arbitration are both dispute resolution mechanisms based on voluntary negotiations. During the mediation, the parties control the entire dispute resolution process and result from beginning to end. During the arbitration, the parties set the rules and procedures of the whole procedure and the entity for the resolution of disputes. Therefore, it can be said that mediation is the method by which the parties directly resolve the dispute; arbitration is the means by which the parties indirectly resolve the dispute. However, they are all solutions to disputes caused by the status quo.