Alternative Dispute Resolution

Question 1

Early Neutral Evaluation - is it legally binding, and what does it involve?

Answer 1

Not legally binding

• independent expert of judicial evaluator meets with parties early on to give a non-binding and confidential assessment of the dispute

Question 2

Expert Determination - is it legally binding, and what does it involve?

Answer 2

Legally binding

• independent expert appointed by the parties on contractual terms which determine the expert’s powers
• decision is binding upon them
• suitable for technical matters, but not for full hearings

Question 3

Mediation - is it legally binding, and what does it involve?

Answer 3

Not legally binding

• Neutral person acts as a negotiator
• will remain confidential and will not go to court
• flexible, quick and easy but no success guaranteed as the mediator will only facilitate negotiations

Question 4

Arbritation - is it legally binding, and what does it involve?

Answer 4

Legally binding

-closest in form to going to court
- hearing before an expert of legally qualified abritator, with own rules on statements and evidence
- can be as lengthy as litigation and even more costly
- allows for confidentiality and has a flexible structure
- due to formalities, not considered to be a form of ADR