Dispute resolution questions people actually ask.
What is the difference between mediation and arbitration?
Mediation is collaborative: a neutral facilitator helps the parties reach a voluntary agreement, and no decision is imposed. Arbitration is adversarial: a neutral arbitrator hears both sides and issues a binding award, like a private judge. Mediation preserves relationships and allows creative solutions but needs the parties to agree. Arbitration gives a definitive, enforceable result but can damage the relationship and limits solution flexibility. Many contracts use both in sequence: mediation first, arbitration if mediation fails.
What is the difference between mediation and litigation?
Litigation is a public court process resulting in a binding, appealable judgment, typically over two to five years, adversarial, and expensive. Mediation is a private, confidential, collaborative process that typically resolves in 30 to 90 days at a fraction of the cost, but only if the parties reach agreement. Litigation gives you a binding precedent and the court’s coercive power; mediation gives you speed, privacy, control, and a preserved relationship.
Is my dispute suitable for mediation?
Mediation works best when the parties have a relationship to preserve, want a confidential resolution, need creative solutions beyond a simple money judgment, and are willing to engage in good faith. It is less suitable when you need a binding precedent, emergency injunctive relief, or you are dealing with a party acting in bad faith. We assess suitability honestly at the outset, including telling you when litigation is genuinely the better route.
Are mediation settlements enforceable?
Yes. A properly drafted mediation settlement is a binding contract, enforceable through normal contract remedies. It can also be structured as a consent award or consent judgment for additional enforcement power. For cross-border matters, settlements can be structured to use treaty enforcement mechanisms. The Singapore Convention on Mediation has further strengthened cross-border enforceability of mediated settlements.
What happens if mediation does not resolve the dispute?
Mediation is conducted “without prejudice,” so the parties can move to arbitration or litigation without disadvantage from having tried mediation. Even an unsuccessful mediation usually narrows the issues and reveals useful information, making the next step more focused. We plan the contingency at the outset so the transition is smooth if it is needed.
How long does commercial mediation take?
Most commercial mediations resolve within 30 to 90 days from start to signed settlement. A simple dispute may settle in a single day-long session; a complex multi-party matter may need several sessions over two to three months. Either way it is far faster than litigation’s typical two-to-five-year span.
Can international disputes be mediated?
Yes, and increasingly they are. International commercial mediation runs through established institutions such as the ICC and SIAC, which provide rules, procedures, and enforcement mechanisms built for cross-border disputes. We handle the institutional choice, the cultural dynamics, and the enforceability question that decide international matters.
How is this different from negotiating a contract?
Negotiating a contract is agreeing the terms of a deal before you sign it, see contract negotiation. Dispute resolution is resolving a conflict that has already arisen out of a relationship or contract. Different stage, different service. The skills overlap, but the situation, and what you are trying to achieve, are different.