ALTERNATIVE DISPUTE RESOLUTION
What is the difference between arbitration and mediation?
In an arbitration, the arbitrator looks into the legal rights and wrongs of a dispute and makes a decision. Once the arbitrator has arrived at a decision, it is binding on parties whether they agree with it or not. It is very much like the way a court case is decided by a judge, except that the process does not take place in a court room, and it is not open to the public. As in a court case, there is usually a winning and a losing party in an arbitration.
In a mediation, the mediator, essentially, helps parties to settle their disputes by a process of discussion and narrowing differences. The mediator helps the parties to arrive at an agreed solution. He does not decide the dispute. A successful mediation results in an agreement signed by the parties, whereas a contested arbitration results in a decision by the arbitrator himself without the agreement of the parties. In a mediation, there is no such thing as a winning or losing party, because there is no binding decision without both parties agreeing to one.
What are the advantages of resolving disputes by arbitration?
Arbitration is a less formal procedure than court litigation, and it is conducted in private, away from the glare of the media and the public. Parties are free to appoint their own arbitrators and can chose more practical procedures and rules for the conduct of an arbitration. Arbitration awards are final and binding, and have extra-territorial enforceability in over 120 countries under the New York Convention. Generally, arbitration can also be more cost-efficient and speedier than court litigation.
What experience does Mark Hanna Lawyers have in ADR?
Commercial and other law
Mark Hanna Lawyers provide practical solutions and act as “cultural interpreters” for international and domestic clients. Mark Hanna has over twenty years experience in advising international and domestic clients on resolving disputes, and conducting negotiations on behalf of, clients in China, Taiwan, Hong Kong, India, Nepal, Singapore, Malaysia, Spain as well as the United States. He has a wide knowledge of local mores and cultural norms throughout the Asian region based on his substantial time working and traveling in 18 countries over 20 years.
Mark Hanna is trained as a Mediator and Family Law Dispute Resolution Practitioner. Whilst Mark Hanna is very comfortable in court as your advocate should a matter progress to that stage. However, he is equally supportive of a mediated approach when possible.