Justice, fairness and mediation
Justice, fairness and mediation

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Justice, fairness and mediation

4.2 Types of ADR

There are many different types of ADR including mediation, negotiation, conciliation, arbitration, adjudication and Ombudsmen which are common forms of ADR, or expert evaluation, early neutral evaluation, expert determination and Med-Arb which are less common. Table 2 shows the main forms of ADR.

Table 2 The main forms of ADR

Type of ADR Description Form
Negotiation Discussion undertaken to come to a mutually agreeable solution. Discussion is undertaken by the parties or their representatives. Non-binding
Mediation Neutral third party (the mediator) facilitates discussion by the parties to come to a mutually acceptable solution. Non-binding
Conciliation Neutral third party (the conciliator) actively facilitates parties resolving the dispute. Non-binding
Arbitration An independent third party (the arbitrator) who is not a court or tribunal decides the outcome of a dispute. Binding
Adjudication An independent third party (the adjudicator) makes an interim binding determination of the dispute. This lasts until the dispute is finally determined by arbitration or litigation. Hybrid (in that the decision is only binding until the matter is fully concluded through arbitration or litigation)
Expert determination An independent, expert third party is appointed to determine the outcome of the dispute. Binding
Expert evaluation/early neutral evaluation Similar to expert determination, an independent, expert third party advises on the merits and likely outcome of the dispute. The advice can be used as a basis for negotiations or an agreement, but is not binding. Non-binding
Med-Arb A hybrid of mediation and arbitration. The parties must first mediate and then the mediator acts as an arbitrator on any issues which were not resolved by the mediation. Hybrid (in that mediation is non-binding but the arbitration is binding)
Ombudsman/woman An independent body established to investigate complaints by individuals about public services and some private services. Advisory

Activity 4 Forms of ADR in practise

Timing: Allow 15 minutes

Which forms of ADR have you seen in practise? What were the relative advantages/disasvantages and how might you be able to make better use of them?

Form of ADR Advantages Disadvantages How you utilise this form of ADR?
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Comment

There are many forms of ADR which you may have seen in practice. While some of these might have been quite effective in achieving justice and positive outcomes for those involved, others might have been less effective. The most important thing is to recognise that there are multiple potential approaches to justice and dispute resolution, and no one approach is necessarily better than others.

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