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Summary ADR for civil dispute resolution
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ADR for civil dispute resolution
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Slide 1Welcome to this short presentation to assist in consolidating your learning in relation to alternative
dispute resolution.
Slide 2
When we talk about alternative dispute resolution, we are referring to ways of resolving a dispute
other than a judge determining the dispute at trial. This is closely linked with the concept of
settlement. Many forms of alternative dispute resolution encourage the parties to reach an
agreement as to how their dispute should be resolved , rather than having a judge determine this ,
and this is what we mean by settlement.
Slide 3
Settlement can be pursued at any stage in proceedings, from the time before proceedings are issued
right up to and during trial and indeed any appeal. Various types of alternative dispute resolution
can be explored at any stage too. Some forms of alternative dispute resolution can take place
alongside court proceedings , others substantially replace court proceedings.
Slide 4
Let's look first at some types of ADR .
Slide 5
Negotiation is a communication process between the parties that is intended to reach an
agreement. No third party is involved.
Slide 6
Mediation involves an impartial third party. At a mediation, the mediator goes between the two
parties who will generally be in separate rooms, conveying offers and encouraging the parties to
reflect on their positions . The mediator does not decide or even evaluate the dispute, they are just
encouraging the parties to reach a settlement.
Slide 7
Early neutral evaluation, expert appraisal, and expert evaluation are different names for the same
idea. An independent party is appointed by the parties to give an opinion in relation to the dispute.
The third party is not deciding the dispute, but their opinion may help in settlement discussions.
This process might be particularly attractive when there is a technical medical , construction, issue
which would benefit from the opinion of an expert.
All the processes described so far, negotiation, mediation and expert appraisal, encourage the
parties to reach an agreement. No one imposes an outcome on the parties.
Slide 8
Arbitration is fundamentally different. It is used instead of court proceedings, and the parties
effectively give the power to determine the dispute to an impartial adjudicator instead of the courts.
Arbitration can be long and formal and it is governed by rules and statute.
Slide 9
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