Litigation, Arbitration and Dispute Resolution

Litigation, arbitration and alternative dispute resolution (ADR) form the spectrum of mechanisms to resolve legal conflicts. Litigation involves court proceedings with formal procedure and public adjudication. Arbitration is a consensual private process where parties appoint arbitrators whose award is binding. ADR methods—mediation, conciliation and negotiation—offer collaborative, flexible and often confidential avenues to settle disputes. Choice of forum depends on enforceability, cost, time, confidentiality and commercial relationships.

Key features

• Litigation: Public judicial process with binding judgments, appeals and formal evidence rules. Suited to public law, complex legal questions and when parties require coercive enforcement backed by state power.
• Arbitration: Private adjudication based on arbitration agreements; awards are final subject to limited judicial review and enjoy international enforceability under conventions.
• Mediation & conciliation: Facilitative processes where a neutral mediator helps parties negotiate settlement; outcomes are consensual and can be converted into binding agreements.
• Hybrid mechanisms: Include Med-Arb, expert determination, and online dispute resolution tailored to modern commercial needs.
• Enforcement: Court judgments and arbitral awards can be executed through statutory enforcement mechanisms, subject to procedural safeguards.

Practical considerations

Selecting the right dispute resolution path requires evaluation of time, cost, confidentiality, relationship management and enforceability. ADR is preferred for preserving commercial ties and achieving bespoke remedies, while litigation may be necessary for precedent-setting issues or when urgent injunctive relief is required. Drafting robust arbitration clauses, confidentiality agreements and specifying seat/law of arbitration reduces jurisdictional disputes. Skilled advocacy, early case assessment, evidence preservation and strategic use of interim relief are critical across all forums to protect client rights and achieve efficient outcomes.