Advantages

The table below identifies the four main advantages commonly associated with each of the dispute resolution instruments discussed on this website.

These advantages do not necessarily materialize in each case. However, the indications may provide an initial overview and help in the selection of an appropriate dispute resolution instrument for a given case.

Litigation

  • Enforceability (mainly Germany and EU)
  • Legal certainty (creation of precedents)
  • Legal expertise of judges
  • Predictable procedure

Mediation / Conciliation

  • Time and cost efficiency
  • Confidentiality
  • Tailor-made solutions ("win-win" effects)
  • Procedural flexibility

Arbitration

  • Enforceability (almost worldwide)
  • Confidentiality
  • Free choice of arbitrators
  • Procedural flexibility

Expert Determination

  • Time and cost efficiency
  • Confidentiality
  • Technical Expertise
  • Procedural flexibility