Comparing arbitration and ADR
Produced in partnership with Simmons & Simmons LLP
Comparing arbitration and ADR

The following Arbitration practice note Produced in partnership with Simmons & Simmons LLP provides comprehensive and up to date legal information covering:

  • Comparing arbitration and ADR
  • Procedure
  • Decision makers’ powers
  • Confidentiality
  • Cost
  • Interim measures
  • Appeals
  • Enforcement

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

ArbitrationMediationEarly Neutral EvaluationAdjudicationExpert Determination
FlexibilityFlexible 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.
DelayDelays 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 28 days.Rare—steps agreed by parties in accordance with parties’ timetable and expectations.

Decision makers’ powers

ArbitrationMediationEarly Neutral EvaluationAdjudicationExpert Determination
SourceArbitrators’ powers depend on applicable law and applicable arbitration rules (if any). Powers can be limited by parties’ agreement. See
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