Mediation and arbitration

Enforcement of a mediated settlement depends on the legal route used and the document ultimately recorded.

Mediation can help parties explore lawful agreement, but consent cannot settle every legal issue or bind people who lack representation or authority.

Mediation confidentiality depends on the governing law, rules, referral and agreement.

If mediation ends without agreement, the underlying dispute is not necessarily decided against either party.

Court-annexed mediation follows a referral and the court’s applicable framework.

A possible arbitrator conflict should be assessed through the Arbitration and Conciliation Act, applicable disclosures and the appointment record.

The juridical seat of arbitration can determine supervisory court jurisdiction, while a hearing venue may simply be where a session takes place.

Urgent protection connected with arbitration may be sought through the court or tribunal route available under the Arbitration and Conciliation Act.

Starting arbitration requires more than writing that a dispute exists.

A challenge to an arbitral award is not an ordinary rehearing of every factual dispute.