HomeFWJ TakeawayInternational arbitrationWhat is better: Arbitration or Mediation?

This is a commonly asked question amongst our clients at the outset of a dispute. The answer is inevitably fact sensitive, and dependant on the dispute at hand, with many different permutations. Our team can help find the best solution for you.

It is important to note that arbitration and mediation are not mutually exclusive. One could utilise both in the same proceedings in seeking to resolve a dispute.

Generally, we would advise that mediation is considered at all times.

  • mediations allow parties to interact with each other on a ‘without prejudice’ basis to explore settlement.
  • parties are able to explore creative solutions to the dispute which arbitration or court proceedings may restrict.
  • there is nothing stopping a party from mediation at any point of the dispute, be it pre-issue, before or after the exchange of disclosure/evidence or even right before a final hearing.

By contrast, Arbitration is a much more involved process, akin to court proceedings. It can be extremely useful in certain cases – but ultimately it is important to obtain specialist advice so that you are advised thoroughly from the outset and to plan the best tactical way forward.

Whatever your dispute resolution enquiry – our team has the expertise to help you. FWJ are very experienced in dealing with all types of Alternative Dispute Resolution, mediation and Arbitration claims. We can make sure you choose the process which is best for you. No matter what your claim – call our team of experts today and we can help.

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