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ADR Matrix:

Mediation Compared to Arbitration and LitigationText Box:  
Mediation
Arbitration
Litigation
Control
Parties Negotiate & Determine Result
Arbitrator Controls Outcome
Judges & Juries Control Outcome
Binding or    Non-Binding
Non-binding unless parties reach agreement
Usually binding; no appeal
Binding, subject to appeal
Risk
Parties Agree on Mutually Acceptable Terms
Win - Lose
Win - Lose
High Risk Jury Awards
Neutral or Decision maker
Parties Agree on Mediator
Parties Agree on Sole Arbitrator; Parties Don’t Pick Neutral Arbitrator
Decision maker is randomly assigned
Confidentiality
Private
Private
Public
Party Interaction
Collaborative Negotiation
Adversarial
Adversarial
Procedure
Informal / Flexible
Structured
Highly Structured Rules of Evidence and Procedure
Duration
Day(s)
Months
Years
Cost
Least
More
Most
Scope of Discovery
Least
Less than Litigation
Most
Precedent Effect
Avoids setting a precedent
Avoids setting a precedent
Adverse result can establish future precedent
Remedy
Creative solutions involving any  business interest 
Limited to $$$ and other legal rights and remedies
Primarily $$$ and other legal rights and remedies
Impact on Parties' Relationship
Can Preserve/Repair Existing Relationships
Often “Burns the Bridge”
Usually “Burns the Bridge”
 

By Dale E. Kleber 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright © 2007 by Accord ADR Services .  All rights reserved.  "ACCORD" is a service mark of Accord ADR Services.

 


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