What is the difference between negotiation, mediation, arbitration and litigation?

Corporate Legal Consultancy

Negotiation and mediation seek agreement between the parties. Arbitration produces a binding decision through a private adjudicative process. Litigation produces a judicial decision through the courts.

Comparison

Negotiation: direct settlement discussions. Mediation: a neutral facilitator helps the parties seek voluntary settlement. Arbitration: an arbitrator or tribunal decides the dispute. Litigation: a court decides the dispute.

The right choice depends on contract terms, urgency, confidentiality, enforceability, cost, relationship and need for interim protection.

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