What form of ADR cannot take place at the same time as litigation?

• A. Mediation
• B. Arbitration
• C. Negotiation
• D. Conciliation

Answer: (B)

Arbitration cannot take place at the same time as litigation because it is intended to substitute for court proceedings. When parties have a valid arbitration agreement, the court will typically stay any ongoing litigation and refer or compel the dispute to arbitration. This gives the arbitral process exclusive jurisdiction over the dispute, so you don’t run arbitration and court action in parallel.

Other forms of ADR—negotiation, mediation, and conciliation—are designed to be used alongside or within the context of litigation. They involve informal or facilitated discussions to reach a settlement without the court proceeding dominating the resolution.