Comparison of forms of ADR and litigation
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

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

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