As a general rule, CEDR has often used a step analogy to this issue:
Arbitrate
Mediate
Negotiate
Negotiate first. Where negotiations break down or parties are unable to agree a common solution, mediate and if it then becomes obvious that a judgement is needed, arbitrate or litigate.
However a mediator can often provide a new dimension to the negotiation process by:
Arbitration, like litigation, provides a binding decision imposed by an independent third party. Mediation on the other hand seeks to help parties achieve their own binding agreement on a mutually acceptable commercial and legal solution.
Following this a party’s only recourse is appeal, whereas, when a mediation has not achieved settlement, parties are free to explore additional dispute resolution processes including arbitration or litigation.
18 Feb 2010
Thoughts on Mediation of Personal Injury and Clinical Negligence Claims
2 Feb 2010
Mediation in the UK today, by Sir Henry Brooke
28 Jan 2010
Hybrid Dispute Resolution Processes – Getting the Best while Avoiding the Worst of Both Worlds?
22 Jan 2010
Mediation Audit to close on Monday 15 February
Thursday 11 March 2010
Friday 12th and Saturday 13th March 2010 The CEDR Certificate in Advanced Negotiation - Module 3
Wednesday 17 March 2010
4:00pm - 7.30pm Exchange Forum - Mediator Speed Dating
Friday 26 March 2010
26, 27, 29, 28, 30, 31 March 2010 Mediator Skills Training - Fast Track