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A Comparison of Primary Dispute Resolution Processes

FACTORS
ADJUDICATION
ARBITRATION
MEDIATION
Submission Voluntary Involuntary Voluntary - possible court mandate
Process Formal
  • Imposed decision (may be reasoned)
  • Rules of evidence and discovery
  • Rarely subject matter expertise
  • Proofs and arguments

Less Formal

  • Imposed decision (may not be reasoned)
  • May have discovery; relaxed rules of evidence
  • May have subject-matter expertise
  • Proofs and argument

Informal

  • Decisions and agreements created by parties
  • No rules of evidence/minimal discovery
  • Usually subject-matter expertise
  • Presentation of interests and needs
Resources
Time

Money
Human
Resources
  • Long (months to years)
  • Expensive .. >> d>>>>
  • Very stressful
Resources
  • Moderate (months)
  • Inexpensive to moderate
  • Stressful
Resources
  • Short (immediate)
  • Free to inexpensive
  • Less stressful
Confidentiality Usually public Private/unless judicial review Private process/usually confidential

 

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