ADRs Flashcards
What are ADRs?
Alternative dispute resolution (ADR) is simply solving
a dispute without using the traditional adversarial
method
What are the different types of ADRs?
Negotiation Mediation Facilitation Conciliation Arbitration
What is the ADR method of mediation?
A neutral person called a mediator helps people in
dispute to negotiate with each other in order to resolve the dispute
What is the ADR method of negotiation?
Discussions held between people in dispute with the aim of achieving a mutually agreeable solution
What is the ADR method of facilitation?
is similar to mediation and is used to solve problems
between groups of people.
What is the ADR method of conciliation?
Those in dispute endeavor to reach an agreement
with the advice and assistance of an impartial person called a conciliator
What is the ADR method of arbitration?
People in dispute use a formal process whereby they present their case to an arbitrator who is an independent third person. The arbitrator decides the outcome of the case.
Features of negotiation
Between two people but may involve a lawyer
written or spoken
takes some time to negotiate a suitable solution
considered a good first step
Features of mediation
must meet face-to-face
Issues and possible options may be identified by the mediator
Decision made not by a mediator, just helps to arrive at a solution
All people involved in the dispute must be prepared to work towards solving the dispute
Features of facilitation
Groups in dispute come to several meetings run by the facilitator
Decision made not by a facilitator, just helps to arrive at a solution
A group decision is made detailing any action that needs to take place
Features of conciliation
Both people in dispute must want to work towards finding a solution
Decision made not by a conciliator, just helps to arrive at a solution
Often the conciliator has some specific knowledge of the law and can advise people in dispute on their legal rights and responsibilities
Features of arbitration
People in dispute are bound by the decision made by the
arbitrator
Usually, a person applies to have the matter arbitrated and the other person must participate.
Sometimes, however, people in the dispute do not agree to arbitration or the choice of arbitrator.
In failure to agree, legal proceedings will take place
When are ADRs not recomended?
there is a risk one party may be violent
there is no commitment by one or either party to
settle the dispute
allegations of child abuse have been made
mental illness is involved
there is significant unequal bargaining power
between the parties.
