Dispute Resolution and Litigation

The terms Alternative Dispute Resolution, mediation, arbitration, and litigation describe different pathways to resolving a dispute. The key differences between them turn on how formal the process is, who makes the decision about the dispute and how willing the parties are to engage in a resolution. In mediation, a neutral mediator helps the parties negotiate and try to reach a voluntary and confidential resolution, whilst avoiding to impose a decision. This process allows the parties to remain in control of their decision, and nothing is decided upon unless and until both sides agree. In arbitration, the parties will present their arguments and relevant evidence to an independent arbitrator in a more private and streamlined hearing. After both parties have presented their case, the arbitrator makes a binding decision, similar to a judge, which in most cases be enforced in court.

Litigation is the formal court process, where a judge and sometimes a jury, decide upon the dispute under the court’s formal rules and procedures, and orders made are legally binding. Litigation is typically a slower, more formal, and costly pathway, than most mediations or arbitrations. Although each of these processes can assist in resolving disputes, not every option will be suitable for every dispute. The litigation team at KPA have extensive experience in selecting the best option for your dispute to reduce your costs and achieve the result you are after and can discuss your circumstances with you and help identify the option best suited to resolving your dispute in the most effective manner.