Time is often the most expensive part of a dispute. Court proceedings can be effective, but they can also stretch on, especially when there are multiple parties, heavy document loads, or procedural delays. That is why more businesses and individuals are asking a very practical question: if we need to resolve this, what is the faster path, mediation or arbitration?

The answer depends on what “faster” means in your situation. Mediation can be the quickest route to a commercial outcome, but only if the other side is willing to negotiate. Arbitration can be faster than court while still delivering a binding decision, but only if the process is designed for efficiency.

Mediation arbitration: what “faster” really means

When people compare mediation and arbitration, they are usually trying to optimise one (or more) of these timelines:

• Time to a workable business outcome (for example, payment terms, a revised contract, an exit, a supply replacement)

• Time to a binding determination (someone must decide, even if one party refuses to compromise)

• Time to finality (limited follow-on litigation, fewer procedural steps)

Mediation is typically the fastest path to a negotiated solution because it can be scheduled quickly and concluded in a day (or a few sessions). Arbitration is often the faster path to a binding resolution compared to full court litigation because the parties can control procedure, timetables, and the decision-maker.

How mediation works (and why it can be the quickest option)

Mediation is a confidential, facilitated negotiation. A neutral mediator helps parties explore settlement options, identify risks, reality-test positions, and move toward agreement. The mediator does not impose a decision.

In practice, mediation speed comes from simplicity:

• The parties can schedule sessions without waiting for court dates.

• Evidence rules are flexible (the focus is on solving the problem, not “winning” every procedural point).

• If there is a deal, the dispute ends immediately (typically with a signed settlement agreement).

Mediation is especially time-efficient when:

• The parties have an ongoing relationship (supplier, joint venture, landlord and tenant, employer and executive).

• Reputation matters (private resolution reduces public noise).

• The dispute is as much about business risk as legal rights.

• A creative remedy is needed (restructured delivery terms, revised service levels, phased payment, non-monetary commitments).

Mediation can be less “fast” when one party is using delay tactically, or when the parties are too far apart and lack the information needed to negotiate.

For international reference, UNCITRAL maintains resources on mediation frameworks and standards, including the UNCITRAL Model Law on International Commercial Mediation.

How arbitration works (and why it can be faster than court)

Arbitration is a private adjudication. The parties present their cases to an arbitrator (or panel), and the arbitrator issues a binding decision (an “award”).

Arbitration can move quickly because the parties can design the process. For example:

• Selecting a single arbitrator can reduce scheduling delays.

• The parties can agree on limited document production and fewer witness statements.

• Hearing days can be capped.

• Timelines for submissions can be fixed early and enforced.

Arbitration is often chosen when:

• A binding decision is required and settlement is unlikely.

• The dispute involves technical subject matter, and the parties want a decision-maker with relevant expertise.

• Confidentiality is important.

• The parties are cross-border and want a forum that is not “home court” for either side.

For cross-border enforcement, many countries recognise and enforce foreign arbitral awards under the New York Convention. Whether enforcement is straightforward depends on the jurisdictions involved and the specific facts.

Mediation vs arbitration: a practical comparison

Below is a business-focused view of the key differences, with speed as the theme.

Choosing the faster path: the decision points that actually matter

Speed is not just “mediation is quicker” or “arbitration is quicker”. The faster path depends on what you need at the end and how the other side is behaving.

Do you need a deal, or do you need a decision?

If the dispute can be resolved by a business compromise, mediation is often the shortest route to closure. If a compromise is unrealistic (for example, a fraud allegation, a hard termination dispute, or entrenched positions), arbitration may be faster than spending months attempting negotiations that will not settle.

Is there urgency that requires interim protection?

Some disputes require urgent steps (for example, preservation of assets, protection of confidential information, or preventing dissipation). Depending on the circumstances, parties may need court involvement for urgent relief even if they later mediate or arbitrate.

A common “fast track” strategy is to use targeted court relief where strictly necessary, then move the merits into arbitration or a settlement process.

How important is confidentiality?

Confidentiality can be a form of speed. When parties know sensitive issues will not become public, they are sometimes more willing to share information early and settle sooner.

Arbitration is often selected in disputes involving:

• financial disclosure

• proprietary processes

• private shareholder disagreements

• reputationally sensitive allegations

Mediation can be even more conducive to candid discussions because there is no imposed public judgment.

How document-heavy and technical is the dispute?

In very document-heavy disputes, arbitration is only faster if the process is managed tightly. Otherwise, arbitration can start to resemble litigation.

When technical expertise is central (shipping, complex contracts, regulated industries, data issues), arbitration can be faster because the decision-maker can be selected for the subject matter, which may reduce the need for lengthy “education” of the tribunal.

Do you need cross-border enforceability?

If the other party’s assets are outside Jamaica (or outside your home jurisdiction), the endgame matters. A settlement is valuable, but it still has to be complied with. An arbitral award can be easier to enforce internationally in many scenarios, depending on where assets are located and the applicable legal framework.

This is one reason arbitration clauses are common in international contracts. The enforceability benefits are often discussed in the context of the New York Convention.

Do you need precedent or broad joinder powers?

Court proceedings can be better suited where:

• you need public precedent to clarify legal rights

• multiple third parties must be joined and cannot be brought into a private process

• the dispute is tied closely to public law remedies

If those factors are critical, the “faster” option may be a focused court application rather than ADR.

Hybrid approaches: using mediation and arbitration together

Many commercial agreements now use escalation clauses that aim to keep disputes moving without immediately triggering full litigation.

Common structures include:

• Negotiate, then mediate, then arbitrate: a staged approach that tries settlement first but guarantees a binding outcome if settlement fails.

• Mediation during arbitration: the arbitration timetable proceeds, but the parties agree to pause for a mediation window once key documents are exchanged.

• Med-arb (with safeguards): parties mediate first and, if unresolved, move to arbitration. This can be efficient, but it must be structured carefully to protect fairness and confidentiality.

A well-drafted dispute resolution clause can be the difference between a six-month resolution and a multi-year procedural battle. If speed is a priority, it is worth reviewing dispute clauses before a dispute arises, not after.

How to make mediation faster (without compromising results)

The biggest driver of mediation speed is preparation. A “quick” mediation that is not prepared often becomes a stalled mediation.

Practical accelerators include:

• Exchange a concise position summary early (what you want, why you believe you are entitled to it, what you can compromise on).

• Identify the real decision-makers and ensure they can attend.

• Bring settlement authority (or a clear path to obtain it quickly).

• Quantify damages or exposure with a defensible range, not a single number with no rationale.

• Prepare a term sheet structure in advance for likely settlement scenarios.

How to make arbitration faster (the clause and the case strategy)

Arbitration speed is heavily influenced by case design. Parties sometimes assume arbitration is automatically quick, then replicate court-style litigation inside arbitration.

Consider efficiency levers such as:

• Choosing a single arbitrator where appropriate.

• Agreeing on a procedural timetable at the first conference and keeping it tight.

• Limiting document production to specific categories with clear relevance.

• Using witness statements in writing, with focused cross-examination.

• Considering a documents-only arbitration for smaller disputes.

Institutional rules can also affect speed. For example, many institutions offer expedited procedures for lower-value claims or where parties agree. If you are dealing with an international contract, it can be helpful to understand the options described by bodies such as the ICC and WIPO (particularly relevant for IP-related disputes).

When court may still be the fastest route

It can be counterintuitive, but court can sometimes be faster, especially when you need a narrow, urgent order. Court may also be unavoidable when the dispute involves parties who never agreed to ADR.

Court may be the most efficient option when:

• you require immediate injunctive relief

• there are strong public interest considerations

• you need to bind non-signatories who cannot be compelled into arbitration

• the dispute is unsuitable for private determination due to the nature of the remedy

In many commercial disputes, the smartest “speed strategy” is blended: targeted court action where necessary, paired with mediation or arbitration to resolve the core merits.

Frequently Asked Questions

Is mediation always faster than arbitration? Mediation is often faster when both parties are willing to negotiate and have enough information to make decisions. If a party is entrenched or acting tactically, mediation can stall, and arbitration (with a set timetable) may reach an outcome faster.

Is arbitration always faster than going to court? Not always. Arbitration can become slow if the process is run like litigation with broad disclosure, multiple experts, and heavy procedural steps. Arbitration is usually faster when the parties design a streamlined procedure and stick to it.

Can we mediate even if our contract has an arbitration clause? Often, yes. Parties can typically agree to mediate at any stage. Many disputes settle after arbitration begins, especially once the parties have exchanged key documents and better understand risk.

Will mediation or arbitration keep our dispute confidential? Mediation is generally confidential by design, and arbitration is often private, but confidentiality depends on the agreement, the applicable rules, and what happens if enforcement or challenges go to court. Get advice on confidentiality terms early.

What if the other side ignores a mediation settlement or an arbitral award? A settlement is usually enforceable as a contract (and enforcement steps may be required if there is non-compliance). An arbitral award can typically be enforced through court procedures, and may be enforceable in other jurisdictions depending on the countries involved and the applicable legal framework.

Speak with counsel about the fastest, safest dispute resolution route

If you are deciding between mediation and arbitration for a commercial dispute (or you are drafting a contract and want to avoid future delays), legal strategy matters as much as the forum. Henlin Gibson Henlin advises clients across dispute resolution, including arbitration and mediation and related commercial litigation strategy.

To discuss which path is likely to deliver the quickest practical outcome for your situation, visit Henlin Gibson Henlin and reach out to the team.