Arbitration Arbitration is a dispute resolution process in which disputes are submitted to a neutral adjudicator through presentation of evidence and arguments. The arbitrator is empowered to render a binding decision. Also, a contract may provide that disputes will be resolved by arbitration rather than litigation. Case management Case management refers to control of the movement of cases through a court, or a method of managing cases within the litigation process. Case management is not usually considered an ADR process, but ADR systems are often designed to be integrated with case management systems.
Mediation is generally a private, voluntary dispute resolution process.
Mandatory mediation Some jurisdictions have established mandatory mediation programs in which parties to all court actions, or groups or classes of actions, are required to mediate. The goal of mandatory mediation is to provide support for early and collaborative settlement of disputes, thereby reducing cost, delay and overloading of the courts. Rather than establish a blanket requirement for mediation, B.C. has developed a Notice to Mediate process for motor vehicle and residential construction cases. The Notice to Mediate is not considered mandatory because it comes into play only when one of the parties to a dispute determines that mediation would be an appropriate approach for resolving the dispute. As dispute resolution options proliferate, choosing the correct option becomes a problem in itself.