In Arbitration there is a brand new approach to procedure. In Adjudication there is a brand new approach to procedure. And here in Litigation there is to be a brand new approach to procedure. As for the options and the procedure in which ever forum, that procedure must always be fair. The differing procedures are however reconcilable with the same basic task.
Litigation remains an adversarial process.
The Court only decides on the admissible evidence adduced by the parties through their advocates. Woolf will provide that streamlined adversarial process. New Adjudication is a fast track investigative process over a 28 day period which hardly anticipates interlocutory stages other than a getting to the bottom of the issue in double quick time. New Arbitration can be adversarial or can be investigative and can be via documents only, can be via full hearings with evidence on oath with experts, with solicitors, with barristers. It is , in short, what the Arbitrator or the parties make it.