A1. Alternative Dispute Resolution (Short ADR) refers to ways that conflicts are resolved without going to the court or/and a litigation lawsuit.
A2.Arbitration is generally discussed in terms of binding arbitration, whereby the parties agree to abide by the arbitrator's decision. The arbitration therefore takes on a judge's role, except that the process does not take place in a court room, and it is not open to the public. As in a court case, there is usually a winning and a losing party in arbitration.
In mediation, a mediator seeks to get the parties to resolve their dispute via negotiation and agreement between themselves, rather than a decision by a third party. He does not decide the dispute. A successful mediation results in an agreement signed by the parties, whereas a contested arbitration results in a decision by the arbitrator himself without the agreement of the parties. In mediation, there is no such thing as a winning or losing party, because there is no binding decision without both parties agreeing to one.
A3. In arbitration, the parties can usually choose their arbitrator, whereas in court the parties cannot choose their judge. Court proceedings are held in public, whereas arbitration is held in private. Arbitration is usually faster and less expensive than court. Court is held at a time and place dictated by the court, whereas arbitration proceedings are held at a time and place convenient to the parties.
A 4. Arbitration is a less formal procedure than court litigation, and it is conducted in private. Parties are free to appoint their own arbitrators and can chose more practical procedures and rules for the conduct of an arbitration. Arbitration awards are final and binding, and have extra-territorial enforceability in over 120 countries under the New York Convention. Generally, arbitration can also be more cost-efficient and speedier than court litigation.
A5. Sometimes businesses or individuals include in their contracts an arbitration clause that states that in the event dispute; the parties will resolve their dispute via arbitration. In other case, tow parties whose dispute might not be governed by an arbitration clause may nonetheless desire to arbitrate their dispute rather than litigate in the court system, for a variety reasons.
A6. While it is not mandatory to have a lawyer, parties are encouraged to do so since most lay people are not familiar with arbitration or mediation procedures and the ways in which evidence can be presented to the arbitrator or mediator.
A7. With exception of criminal and family matters, almost any civil case you can take to court, you can resolve by arbitration or mediation at TAGresolution.
A. 8. Arbitration has the following steps: selecting the arbitrator; drafting the terms of the arbitration agreement; scheduling the time and location of the hearing; preparation for the hearing; presenting the evidence at the hearing; making submissions to the arbitrator at the end of the hearing; and the arbitrator making a decision.
A 9. The place of arbitration, also commonly referred to as the 'seat of arbitration', determines the governing procedural law of the arbitration and the enforceability of the award. On the other hand, the place of hearing, is the physical location where the hearing is held.