Arbitration
A private, binding decision. Delivered with the right team.
Arbitration is a different process to mediation, though the two are sometimes confused. Where mediation helps parties reach their own agreement, arbitration involves an independent arbitrator hearing both sides and making a decision.
Karen is continuing her professional development in Alternative Dispute Resolution and arbitration studies. Where a matter calls for arbitration, she works with accredited arbitration partners, bringing her own mediation and case-management experience together with the appropriate arbitrator's authority to decide. This means you have the right expertise at each stage.
Mediation
- The mediator facilitates; does not decide.
- Outcome is an agreement the parties shape themselves
- Not binding unless formalised by the parties
- Focused on preserving relationships and flexibility
Arbitration
- The arbitrator hears both sides and decides
- Outcome is a determination, not a negotiated agreement
- Typically binding on the parties
- Closer in structure to a private court process
When arbitration may be appropriate
A decisive outcome, kept private
Arbitration can be a suitable option where the parties want a final, binding decision without the time, cost and publicity of court litigation. Examples include some commercial disputes governed by an arbitration clause, or where parties have agreed in advance to resolve disputes this way.
Where appropriate, an arbitration agreement will set out the process, the scope of the arbitrator's authority, and how the decision (the "award") will be enforced. This is explained clearly at the outset of any arbitration.
What to expect
- Agreement to arbitrate. The parties agree, or are already bound, to resolve the dispute by arbitration.
- Preparation. Each party prepares and submits its case, generally with the assistance of their own legal representative.
- Hearing. Both sides present their case to the arbitrator in a structured, private hearing.
- Award. The arbitrator issues a decision, which is typically binding and enforceable.
Arbitration and mediation are not blended in a single process. Where mediation may be more appropriate for your situation, you'll be advised of that clearly and honestly.
How arbitration is delivered
Karen's team, brought in for your matter
No single professional can hold every expertise a dispute might touch on (arbitration authority, tax law, labour law, and more). Rather than presenting arbitration as a solo offering, Karen works with a trusted team of appropriately experienced specialists, including arbitration partners, so the right expertise is brought in for your matter, without you needing to coordinate multiple advisers yourself.
This means you get an appropriately qualified decision-maker for the arbitration itself, with Karen's own case-management and practical business or family experience supporting the process around it. Which specialist is involved, and how the arbitration will be structured, is explained clearly before anything is confirmed.
Next step
Not sure whether you need mediation or arbitration?
Book an introductory consultation and Karen will help you understand which process, if either, fits your dispute.