There are numerous reasons why parties choose mediation. It may arise from a contractual agreement requiring the parties to request mediation in the dispute. The same agreement could indicate the greater cost efficiency of mediation as an option. The parties may also be informed by legal advisors that the parties will undergo mediation before commencing litigation. Countries require parties to undergo ADR, or mediation, before trial, “in such cases, court proceedings are suspended pending the outcome of the mediation. If it is unsuccessful, the parties will resume legal action.” Mediation is essentially an alternative form of negotiation; furthermore, the mediator plays a more active role than neutral third parties in the negotiation process binding effect, for example, if the parties agree that, if they cannot resolve the dispute, the mediator can make a legally binding decision on the matter. The mediator does this by drawing up a contractual agreement decision, if the dispute is successful, the mediator helps draft an agreement between the parties that resolves the dispute. The agreement is an enforceable contract and therefore resolves the issue. It is essential to identify the advantages and disadvantages of mediation to underline its significance. The mediation process involves fewer procedural rules than litigation or court sessions. The mediation process can be adapted to the needs of the parties, the mediator can be asked to play a diplomatic role or to be more involved by expressing an opinion...... middle of paper ...... and the absence of a third, executor, makes it disadvantageous. The mediator can only help the parties reach a decision and not make a decision for them, without a deadline or a body that can impose sanctions. If the parties fail to negotiate in good faith, may be less willing to make concessions or honestly reach an agreement, this may slow down. slow down or even stop the process.2.1.3. Arbitration The other main form of ADR process is arbitration. Arbitration in its simplest sense can be defined as a process of extrajudicial dispute resolution. The definition does not completely define arbitration. Scholars have pointed out that there is no definitive legal definition of arbitration. Scholars have defined arbitration in various publications. Jarrosson in his detailed analysis defines arbitration 'as the institution by which a third party decides on a