Comparing arbitration and ADR

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Practice notes

Comparing arbitration and ADR

Copyright © 2025 LexisNexis

Produced in partnership with Simmons & Simmons

Practice notes

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This Practice Note compares and contrasts, at a high level and in table form, the key differences between arbitration and other forms of Alternative dispute resolution (ADR), namely: mediation, Early neutral evaluation, adjudication and expert determination.

Procedure

	Arbitration	Mediation	Early Neutral Evaluation	Adjudication	Expert Determination
Flexibility	Flexible procedure. Geographic mobility. See Practice Note: A quick guide to arbitration process.	Very flexible; process can be shaped on the day.	Entirely flexible.	Flexible, but usually certain exchanges of documents are agreed.	Flexible, but usually certain exchanges of documents are agreed.
Delay	Delays may occur, especially at the stage when the tribunal is constituted, and sometimes during proceedings as well. These problems can be overcome by agreement and by active case management. Procedure for granting speedy judgment available but depends on robust tribunal.	Usually parties agree to a specific date for mediation and make appropriate arrangements.	Rare but delays may occur if parties do not prepare their submissions on a timely basis and depending on enquiries made by neutral evaluator.	Rare—quick process with decision usually obtained within

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Jurisdiction(s):

United Kingdom

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Precedents 1

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Q&As 3

Key definition:

Alternative dispute resolution definition

What does Alternative dispute resolution mean?

A catch-all phrase describing the resolution of disputes other than by litigation.

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