Alternative dispute resolution (ADR) Flashcards
(8 cards)
What are the alternative dispute resolution methods
Mediation
Conciliation
Arbitration
What is mediation
Mediation is a cooperative method of dispute resolution where the parties sit down and discuss the issues involved, develop options, consider alternatives and try to reach an agreement through negotiation and compromise with the help of an independent third party, the mediator.
Who is the mediator
The mediator is impartial and will facilitate communication between parties and encourage them to reach their own agreement and resolve the dispute.
The mediator does not advocate for either party and any decision reached is voluntarily made by the parties.
What is conciliation
Conciliation is a cooperative method of dispute resolution where both parties will sit down, discuss the issues, and solve the dispute through negotiation and compromise with the help of an independent third party, the conciliator.
What is arbitration
Arbitration involves both parties presenting their case to an independent third party, known as the arbitrator, who will make a binding decision in favour of one of the parties based on facts and evidence.
Who is the conciliator
The conciliator is impartial and will assist the disputing parties, listen to facts and make suggests about possible ways to resolve the dispute, helping the parties reach their own mutual agreement.
Who is the arbitrator
The arbitrator is impartial and will listen to the facts and evidence of both sides and make a decision in support of one of the sides. This decision is known as an arbitral award and is legally binding, meaning both parties must adhere to it
How does a conciliator and mediator differentiate
–> A conciliator differs from a mediator as a conciliator usually has more influence.
–> The conciliator is usually someone with specialist knowledge, suggests options and possible solutions and is more directive than a mediator
