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by way of separate agreement or by a dispute resolution clause existing included in the contract between the parties.

It is a matter of election by each party whether they will be legally represented as the parties have absolute control over the mediation procedure they acquire. Numerous parties prefer not to be legally represented in mediations and it is not a compulsory requirement of the procedure. Some mediation agreements specifically reject lawyers, while in other mediations, the taking part of specialist legal representation is essential for a successful outcome. As mediation is not an adversarial procedure, traditional legal processes such as the hearing of evidence and the cross-examination of witnesses do not transpire. In a high proportion of cases the outcome experience with mediation processes showed and a settlement of the dispute is obtained in a relatively short period. Mediators also endow with an opportunity to attain more flexible results in a resolution, appropriate to a party's situation, rather than the blunt instrument of a compelled monetary award. The majority parties who have experience mediation recognize the added advantages of determining their dispute in non-adversarial circumstances and preserving or even enhancing commercial agreement or other relationships.

ARBITRATION

Another dispute resolution process is arbitration which is formal and whereby two or more parties pass on their dispute to an independent third person who is the arbitrator for determination. The law applicable to arbitration is the Model Law which endow with the parties are free to be in accord on the procedure to be followed by the arbitral tribunal in conducting the proceedings. A number of developing countries have sought after to adopt the Model Law as a way of encouraging international parties to conduct international arbitrations in their jurisdiction. One of the Asian countries that have adopted the Model Law includes Singapore while Philippines have not. The 1958 New York Convention and United Nations Commission on International Trade Law (UNCITRAL) have been key factors in the inclination towards common international arbitration practices. Philippines and Singapore made a reservation on which States may make with regard to reciprocity as it declare that it will only apply the Convention to the recognition and enforcement of awards done in the territory of another contracting State.

Arbitration should be chosen as the preferred process for dispute resolution when parties oblige procedures similar to that available in court but without the delays, public access or formality. It also permits the dispute to be sited in judgment upon by a tribunal familiar with the professional or technical background of the matters in disagreement. The arbitration system is carrying out in accordance with the principles of natural justice but may show a discrepancy depending upon the nature and complexity of the matter. In most cases there will be a judicial way of hearing but in others the determination can be made on the basis of documentary submissions. This process parallel to litigation in respects to formal claims and defences are lodged, evidence is presented by each party, usually tested by cross-examination, with a binding and enforceable decision resulting.

Unlike to litigation, parties have the advantage of making their own timetable, performing th