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Arbitration Arbitration vs Litigation vs Mediation Arbitration
The procedure by which disputes are resolved by an independent third party.
The procedure of going to court to settle a dispute in an adversarial process.
The process whereby an independent third party facilitates negotiations.
Binding and can be legally correct (ss.45, 52 & 69).
Binding and legally correct.
Made by the parties mediator has no input.
Mandatory rules listed in Schedule 1
Covered by the CPR.
None unless decided by parties.
Enforcement Enforceable decisions (s.66) as well as international enforcement (New York Convention)
Enforceable (CPR 70-73)
If agreement is recorded in a Consent Order it can be enforceable.
- Choose the arbitrator often a specialist or expert
- Rules of precedent
- Cheaper if settlement is reached
- Choose the procedural rules
- Judge considered documentary evidence and experts/witnesses
- Quicker, flexible and informal
- Private hearing and confidentiality (avoids publicity)
- Commercial and non-legal solutions Other Disadvantag es
- Legally binding and - Commercial solution correct decision
- Collaborative solution
- Costly (arbitrator, venue, agreement negotiation, court applications etc.)
- Public trial
- Cannot join third parties without consent
- Costly and time consuming
- Lack of interim judgments e.g. summary judgments
- Non-adversarial; win-win result
- No control over procedure or rules
- Increase costs if unsuccessful
- No guaranteed solution or engagement in process
- Mediator may not be an expert
- Adversarial process
- damages relationships
Responding to Claim Forms If the claimant has filed a claim form then the defendant should file an acknowledgement of service so that the claimant cannot apply for judgment in
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