ADR

• What does ADR stand for?

  Alternative Dispute Resolution
• Why might parties prefer not to go to court?

  It is expensive, time-consuming, and stressful
• What are the key features of negotiation?

  • Direct communication between two parties
  • Voluntary process
  • Involves claimant and defendant
  • Usually private and non-legally binding
  • Outcome is an agreement without appeals
• What are the key features of mediation?

  • Involves a neutral third party
  • Voluntary process
  • Common in employment and family law
  • Outcome is not legally binding unless formalized
  • Parties can withdraw at any time
• What distinguishes conciliation from mediation?

  • Conciliators take a more active role
  • Can be court-issued
  • Involves suggestions for compromise
  • Outcome is not legally binding unless agreed
• What are the key features of arbitration?

  • Voluntary submission to a neutral third party
  • Governed by the Arbitration Act 1996
  • Decision is called an 'award' and is legally binding
  • Can be appealed for serious irregularities
  • Used in industrial and consumer disputes