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arbitration and litigation - Coggle Diagram
arbitration and litigation
if a dispute is not settled by agreement it will be eventually heard by an indipendent judge
a lawsuit before a court/jury is referred to as litigation
all stages of the trial
pre trial
carried out by a solicitor before the case is passed to a barrister
in the US that will be the same attorney
trial
hearings, pleadings, judgment
after trial
enforcement phase
aims
resolve a dispute between private individuals, phisical or legal persons
be that either private or public law person
Alternative dispute resolution
arbitration
the case is referred to impartial referees
arbiter
arbitral tribunal
arbitrator
they could be appointed
by the parties
by a third party
by a third party appointed by the parties
Parties agree to be bound to the referee decision
it is the most common for of ADR for business
commercial disputes
international commercial transactions
it developed alongside international trade
international arbitration
also in some jurisdiction for employment cases
mediation
structured meeting between the parties and an indipentend third party
reach an agreement
in recent years online dispute resolution systems
ODR proceedings
pros
it is not bound by court rules of
evidence
procedure
it is more flexible than litigation
it has a lower degree of formality
arbiters could be chosen in light of their expertise
parties have greater control of the process
when a foreign element is involved the arbiter is not obliged to
parties can agree upon the venue
cons
arbitration can cost more than
multi party disputes are better litigated
arbitrators are more indipendet
no remedies insi
there are fewer reviewing mechanism
key skills in negotiation
competitive
cooperative
compromise
accomodating
collaborating
avoiding (being to a certain degree impartial)