Alternative Dispute Resolution (ADR) Pages

What is Alternative Dispute Resolution? (ADR) Alternative to resolving conflicts other than using the courts. Judge can suggest or order ADR during the pre-trial conference. 3 types: Negotiation Mediation Arbitration

ADR - Negotiation Two parties agree to discuss the dispute or issue. No third party!! Try to come to a “Mutual Agreement” Benefits both parties…no winners or losers! Communication is key. Give & Take Agreement, once reached, “should” be written, signed, witnessed and dated.

Let’s have a “third party!” Uh??

ADR - Mediation Most widely used form of ADR A neutral third party is enlisted to bring the two opposing parties to an agreement. Usually voluntary but a judge may order mediation. Mediator merely makes a suggests a resolution. Parties CAN NOT be forced to accept a mediator’s recommendation. Mediator’s role – facilitate, assess and recommend

ADR - Arbitration A neutral third party… Hears the merits of both sides… Makes a final & binding decision. More formal and can be legislated. Both parties agree on the Arbitrator!! Usually an expert… Shared cost. Winner VS Loser often results.

Advantages of ADR Effective Process: ADR= 80%-85% success rate in Canada. Speed: ADR is focused in resolving the conflicts quickly. Cost: ADR is not expensive as court process. Expertise of the Decision-Maker: Third parties have expert knowledge of the law, business or trade in which the dispute has arisen. Private and confidential: Only the parties involved are aware of the conflict, details and resolution.

Disadvantages of ADR NOT suitable for all conflicts. Ex. Violence Some parties want issues made public. Setting precedents for others and for groups of litigants in similar situations NOT possible.

What might this cartoon be suggesting looking at litigation versus ADR?

???? Questions ???? 1.How is ‘NEGOTIATION’ different from the other 2 forms of ADR? 2.How is ‘Arbitration’ different from the other 2 forms of ADR? 3.Q #3. page 360