ADR

• What is ADR


  ways of resolving a dispute between claimant and defendant
• methods of ADR (MANC)

  mediation

  arbitration

  negotiation

  conciliation
• Mediation - 3rd party?

  yes, a mediator
• Mediation - training


  Specially trained
• Mediation - consult with who

  both parties to find common ground
• Mediation - opinions


  don't give any opinions
• Mediation - formality


  formality decided by parties as they are in control
• Mediation - legally binding


  not legally binding
• Mediation - co-operation


  both parties must be willing to co-operate
• Arbitration - 3rd party


  independent 3rd party hired
• Arbitration - chosen by


  the parties
• Arbitration - formality


  formal process
• Arbitration - legally binding


  yes, but can be appealed
• Arbitration - act


  Arbitration Act 1996
• Negotiation - 3rd party

  No 3rd party interference
• Negotiation - legal rep


  Not needed but parties may opt for them
• Negotiation - formality


  informal
• Negotiation - compromise


  parties must be willing to compromise
• Conciliation - 3rd party

  3rd party hired
• Conciliation - training


  3rd party specially trained
• Conciliation - interference


  conciliator plays a more active role and make suggestions
• Conciliation - formality


  parties control formal process
• Conciliation - legality of decision


  not legally binding
• Conciliation - co-operation


  parties must be willing to co-operate