• Adversial systems turn parties into enemies.
• Court decisions are long and costly (formal procedure).
• Arbitration and Mediation is confidential.
• It's more simple with no delay and small costs (flexible).

Mediation is only efficient if both parties want to settle.

• Amicable settlements before or during trials are encouraged.
• Settlements outside courts are encouraged.



Conciliation = A conciliator suggests a solution but the parties are not bound by it. If they refuse, the case goes in front of a judge.

Mediation = A mediator helps the parties reach an agreement. A legally binding agreement is signed by both parties.

Arbitration = The parties choose to submit their dispute to a third party who's not a judge.