Comparison of forms of ADR and litigation

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Comparison of forms of ADR and litigation

Comparison of forms of ADR and litigation

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).

Type of DRArbitrationLitigationAdjudicationExpert determinationMediation
Public/privatePrivate (with limited exceptions, eg investor-State arbitration)Public (with limited exceptions)PrivatePrivatePrivate (if agreed by the parties)
Choosing the person who runs the processYesNoYesYesYes
ConfidentialityProcess is largely confidential Most statements of case available publicly; evidence public once referred to in open court; hearings largely publicConfidentiality agreement needed to ensure documents kept confidentialConfidentiality agreement needed to ensure documents kept confidentialConfidentiality agreement needed to retain confidentiality of documents. See Practice Note: Mediation—confidentiality and privilege
ProcedureGoverned by the parties, often by the

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