Advantages to Arbitration

Speed

• No court dates
• Usually no discoveries or preliminary processes
• Process can be started and resolved quickly

Lower Costs

• No court costs
• Quicker process, lowers costs
• Lawyers are not necessary

Confidential
With few exceptions proceedings and awards are not published without the consent of the parties

Voluntary
Arbitration takes place only by the parties’ mutual consent. This consent may be given when the parties enter a contract, or later when the dispute arises

Finality

• Decision is final and binding
• Court appeals are rare

Flexibility
The form and type of arbitration can be tailored to suit the parties

Commercial Mediation Rules

Mediation Rules of Procedure.

Disputing parties appoint a mediator trained in dispute resolution. Like arbitration, mediation involves choosing a third party to help resolve the dispute.

Unlike an arbitrator, a mediator does not impose a decision. The mediator facilitates the discussion to help the disputing parties to arrive at a mutually agreed-upon decision.

Mediation is often chosen when the ongoing relationship between the parties is important. Lawyers can be present or consulted at any time.

Advantages to Mediation

Quick
Often helps the disputing parties realize that their positions are not far apart, and this will reduce the time in coming to an agreement.

Affordable
Each party shares in the cost of the mediation.

Confidential
Decisions reached by the parties will remain private, unless otherwise agreed.

Educative
Mediation teaches the parties how to negotiate effectively, and may help individuals resolve future issues themselves.

Flexible
Parties can renegotiate their agreement at any time.