2023년 2월 1일 수요일
What are the characteristics of arbitration, mediation and litigation which make them an appropriate mechanism to resolve a dispute under English legal system?
Arbitration:
• Arbitration is a form of alternative dispute resolution (ADR) where two parties present their case to an independent third party (the arbitrator) who will make a binding decision on the outcome of the dispute.
• It is a confidential process which allows parties to resolve their dispute in private without the need for expensive court proceedings.
• The arbitration process is usually less formal than court proceedings and can be tailored to the needs of the parties.
• The decision of the arbitrator is legally binding and can be enforced through the court if necessary.
Mediation:
• Mediation is a form of ADR where a neutral third party (the mediator) facilitates communication between the parties to help them reach a mutually acceptable agreement.
• It is a voluntary process which allows parties to resolve their dispute in a less formal and less adversarial manner.
• The mediator will not make a decision on the outcome of the dispute but will help the parties to come to an agreement that is acceptable to both sides.
• The process is confidential and the agreement reached is not legally binding unless the parties choose to make it so.
Litigation:
• Litigation is the traditional method of resolving disputes through the court system.
• It is a formal process which involves filing a claim in court and following the relevant court procedures.
• The court will make a decision on the outcome of the dispute and the decision is legally binding.
• Litigation is usually more expensive and time consuming than other forms of ADR but it is the only option for certain types of disputes.
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