Professional Documents
Culture Documents
• methods by which legal conflicts and disputes are resolved privately and
other than by trial or legal actions. the public courts, usually through
forms: mediation ,arbitration or conciliation.
• The rising popularity of ADR can be explained by the increasing caseload
of traditional courts.
• the perception that ADR imposes fewer costs than litigation, a preference
for confidentiality, and the desire of some parties to have greater control
over the selection of the individual or individuals who will decide their
dispute.
• Neutrals represent a broad spectrum of expertise. Many are nominated to
the panel by leaders in their industry or profession.
Types
• ADR is generally classified into at least four types: negotiation, mediation,
collaborative law, and arbitration
• Arbitration and mediation are the best known and most commonly used forms
of ADR
• Mediated arbitration, "med-arb,“a variation of the arbitration procedure in which
an impartial or neutral third party is authorized by the disputing parties to
mediate their dispute until such time as they reach an impasse
• Conciliation involves building a positive relationship between the parties to a
dispute