Litigation with its system of courts, judges and lawyers can be expensive and is adversarial. The parties may first negotiate with each other and try to resolve their disputes amicably. If negotiation fails, the parties may choose mediation or arbitration. The advantages of ADR are its flexibility, privacy and the avoidance of delays, expense and complexity in court proceedings. Arbitration and mediation are two less costly and speedier alternatives, while litigation is an expensive and time-consuming process of resolving disputes.
Mediation is a dispute resolution process.
The efforts of a trained mediator can help resolve a seemingly irreconcilable disagreement. Mediation is confidential, non-confrontational, faster, more informal and flexible than litigation. Mediation is a voluntary process in which a neutral third-party mediator helps parties to resolve their disputes by negotiating an agreement in an amicable manner. Mediation does not rely on judges to make decisions. It provides a place for parties to talk over their disputes and with the help of trained and impartial mediators, the parties decide on how to resolve matters themselves.