Alternative Dispute Resolution is a collective of techniques which empower parties to resolve disputes between themselves with the assistance of an independent third party.
ADR can help people to resolve a dispute before it becomes so big that a court or tribunal becomes involved. ADR can be very flexible and can be used for almost any kind of dispute; even those that would never go to a court or tribunal.
Participation in ADR may be voluntary, court ordered, or required as part of a contract or external dispute resolution arrangement.
There are a variety of ADR techniques including:
- Mediation
- Conciliation
- Case appraisal
- Neutral evaluation
- Arbitration
ADR is usually private and confidential; unlike a court or tribunal which usually conducts public hearings.
What is mediation?
Mediation is a structured approach to helping parties have a respectful, balanced discussion and decision making process. The role of each party is to listen to the other points of view, contribute to the discussion and make decisions.
The mediator ensures that parties engage in effective communication and keeps the matter moving towards a resolution.
Support people, such as a friend, lawyer or other professionals, can attend the mediation to help you if the other participants agree. If you bring your lawyer or other support people to mediation the other participants can bring theirs too.
Mediation is a non-determinative process and parties will need to pursue their dispute in a relevant jurisdiction e.g. court, tribunal, complaints or regulatory body.
What is conciliation?
Conciliation has many similarities to mediation, although the conciliator’s role may be more directive and advisory. Conciliation is done under the auspices of a court or tribunal that has powers to direct or order parties, or under an agreed industry code or rules.
The way conciliation works can vary, so if you use conciliation it is important to check what type of conciliation process will be followed.
Conciliation is a non-determinative process which means that parties who do not reach a resolution will continue on a pathway towards a hearing before a decision maker.