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Options for DR, (How does litigation compare?) - Coggle Diagram

- - - - less formal than court
        
        decision made by impartial TP with expertise in manner
        
        confidential
        
        practial solutions
        
        decision is binding - winning party can apply to HC for permission to enforce arbitration award as if it were a coury judgment
    - - dispute may not recieve depth of investigation it would get in court
        
        certain remedies such as injunctions are not available.
- - - - negotiation- parties and lawyers discuss possible solutions 2. arbitration and 3. mediation
    - - independent TP. It is voluntary, unless court ordered, conditional/ 'without prejudice', meaning if it fails and court proceedings are taken, court will not be made aware of ADR until AFTER judge has dealt with issues of liability and the award of damages. Parties choose process and can withdraw any time before a settlement is reached and do not have to accept proposed solution.
- - - - any party not engaging in means proposed by another must serve a witness statement giving reasons within 21 days of proposal. not shown to judge until Q of costs arise.
      - Court can lawful stay proceedings or order parties to engage in ADR provided order does not impair very essence of Cs right to a judicial hearing; and is proportionate achieving legitimate aim of settling the dispute fairly, quickly and at a reasonable cost.
- - - - cost and speed- cheaper than arb and lit
        
        flexibiloity - can choose procedure- no legal requirement or statute to follow.
        
        privacy
        
        preserving a business relationship
        
        commercial reality - mediator can help make arrangeemtns a court cannot such as discounts on future orders.
        
        ability to withdraw at any time
  - - - privacy- may want public vindication
        
        ability to withdraw at any stage before solution agreed.
        
        not automatically binding - but can give rise to a contract if conditions are satsified.
- - - - stages of the a civil claim:
        
        1: pre-commencement of proceedings: pre-action protocols govern steps parties take before commencing court case. 2. commencement of the action, 3. inteirm matters, 4. trial and 5. post-trial