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ADR

Alternative Dispute Resolution


Litigation should be your last resort

ADR can help resolve a wide range of conflicts


including custody battles, labour disputes,
liability for injuries, and arguments between
neighbours

During a pre-trial conference, the judge is likely to


suggest one of the three most common
ADR options
Negotiation

Negotiation
Parties communicate with each other and make their own decisions.
They will sign the deal as a contract and it is binding.

● A process where both parties communicate to reach a mutually


acceptable agreement
● Communication is key in this process and does not require third
party assistance
● Once an agreement is reached, it may be written down more
formally in a contract
Mediation
Mediation
Where a neutral third party is chosen to help make a decision. The
mediation is not binding, but if a resolution is found and signed, than that
agreement is binding.

● A process where a third party intervenes to bring opposing parties to


an agreement
● Most widely used form of ADR that may or may not be voluntary
● The mediator only insures the parties stay on track in their
negotiations
● The process is confidential and the results are usually longer lasting
Arbitration
Arbitration

Where the two parties find a neutral third party to hear both arguments
and make a final and binding decision.
● A process where a neutral third party hears both sides and makes a
binding decision
● Usually ordered by legislation but the arbitrator is usually agreed
upon by both parties
● Arbitrators are usually experts in the particular field
● Decisions are rarely reviewed in court and are made quicker with a
winner and a loser
Advantages and Disadvantages of ADR

Saves time and money, informal, private, gives both parties more control

Not appropriate for violence, private, cannot establish legal precedent