Arbitration and ADR: A Confidential Route to Dispute Resolution

Alternative dispute resolution describes processes that may help parties resolve disputes outside conventional court proceedings. Arbitration, mediation, and structured negotiation serve different purposes and should not be treated as interchangeable.

Arbitration usually results in a binding determination by a tribunal whose authority comes from an agreement between the parties. Mediation instead uses a neutral facilitator to support negotiation, while the parties retain control over whether to settle.

Privacy, procedure, enforceability, cost, timing, and the need to preserve a commercial relationship may all affect the appropriate route. Contract terms and urgent protective measures should be reviewed before a strategy is chosen.