3 Types of Alternative Dispute Resolution

Alternative Dispute Resolution, commonly known as ADR, is a suite of methods and procedures involving a neutral third party that helps parties to a conflict to resolve their dispute without commencing formal legal action. The overarching objective of ADR is to allow parties to settle their disputes as quickly, efficiently and amicably as possible.

There are three fundamental types of alternative dispute resolution. Facilitative, advisory and determinative.

Facilitative ADR defines mediation, conciliation, facilitation, or facilitated negotiation processes. These are procedures in which an independent third person with expertise in dispute resolution assists parties to recognise issues in dispute, developing options to overcome them, evaluating the alternatives and hopefully reaching a mutually acceptable agreement.

Advisory ADR explains procedures in which a practitioner in dispute resolution hears the parties to a dispute, assesses the issues and delivers advice regarding the facts of the dispute and the relevant law. The practitioner might also suggest how parties can reach potentially favourable results. The most common type of advisory ADR is conciliation. However, other advisory procedures include expert appraisal and case appraisal.

Determinative ADR defines a method whereby a dispute resolution practitioner evaluates and decides on a disagreement. This type of ADR mirrors the formal legal process and includes hearing formal evidence and having parties submit legal statements. i.e. arbitration, private judging and expert determination.

Mediation is the fastest growing ADR process globally. Download this free 29-page ebook to learn more about becoming a mediator. https://www.mediatoracademy.com/media...

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