ADR Decision Chart

Here is a chart which may help you in deciding the appropriate vehicle for your dispute.

Litigation (Court) Mediation Arbitration
Adversarial in nature Facilitative in nature Adversarial in nature
Lawyer-centred Client-centred Lawyer/client-centred
Either You Win or lose Flexibility of outcome Either You Win or Lose
Binding outcome on parties Can be either binding ornon-binding Binding outcome on Parties
Retrospective-looks at what occurred Forward looking outcome Retrospective – looks at whatoccurred
Can be a Long process Shorter process can be a Lengthy process
High cost Lower cost High cost
Parties have a Lack of control Parties Retain control Parties have a Lack of control
occurs in Public Confidential Confidential