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What is alternative dispute resolution? Businesses, institutions, professionals and individuals are over-burdened with the cost of pursuing their disputes within the "court-congested" system.
Decision-makers today choose arbitration and/or mediation as the alternative to their business and personal disputes. |
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What is mediation? Mediation is a process whereby a mediator facilitates discussion between the disputing parties so that they may achieve a mutually arrived at agreement. The mediator does not impose a decision, but assists the parties in negotiating their own agreement. Mediation is often chosen when the ongoing relationship between parties is important. |
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What is arbitration? Arbitration is a procedure whereby the disputing parties appoint a private, neutral person or adjudicator called the arbitrator. The arbitrator reviews the evidence and arguments of each party to make a decision which is binding on them. One difference between arbitration and litigation is the arena. A court is a public forum and judgments are published. Arbitration is conducted in private and in strict confidence. Arbitration awards are not published without the consent of the parties. Another key difference is that the arbitrator can be chosen for their knowledge within the area of dispute. |
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