That is because, like litigation, arbitration is, at its core, an evidence-based, adjudicative process.Īrbitration involves a hearing resembling a trial that takes place outside the courtroom, requiring the participation of the parties in dispute. Situated to the right of the center of the dispute resolution continuum, arbitration is more formal than mediation or conciliation and can look more like the litigation process. Historically, arbitration was synonymous with alternative dispute resolution as it was the first process developed to save the time and expense of protracted litigation. As one moves conceptually toward the right end of the continuum, one moves towards the more formal tribunals like arbitration until reaching the most formal approach to dispute resolution - litigation - the civil trial and appellate process.Īlternatives to Litigation for Resolving Disputesīefore deciding on an alternative to litigation for pursuing a conflict, it is essential to understand the key differences in the alternative dispute resolution processes.Īrbitration is a method of resolving a civil dispute outside of the court system in which the disputants present their case to an impartial third party, who then makes a decision for them that resolves the conflict. To the far left lie the less formal, less expensive, and voluntary processes, including conciliation and mediation. To best understand these important distinctions, it’s helpful to envision dispute resolution processes along a continuum of choices. The Continuum of Dispute Resolution Processes Mediation and arbitration are fundamentally different processes involving distinctly different conflict resolution approaches. Known as different forms of alternative dispute resolution (ADR), they are both intended to offer less expensive, more efficient outside-of-courtroom approaches to resolving disputes than afforded by more formal litigation. Mediation and arbitration share a common lineage as alternatives to the traditional legal system of court and jury trials. What is the difference between mediation and arbitration?

Difference between adr and atr