Please enable JavaScript.
Coggle requires JavaScript to display documents.
Alternative Dispute Resolution : : - Coggle Diagram
Alternative Dispute Resolution : :
Negotiation
Least formal method of ADR
Parties try to negotiate a settlement before taking the case to court
Many cases settle outside of court before the trial date is set
Meditation
An independent third party will meet with the parties to try get them to reach a settlement
The third party won't offer any suggestions on how to reach a settlement
They will facilitate the parties to come to a settlement themselves
Conciliation
Similar to mediation, but the third party will play more of an active role
The conciliator will offer suggestions on how to reach a solution to the dispute
Conciliator will offer a non-bounding suggestion at the end of the session
Arbitration
Most formal type of ADR
All parties agree to have case decided by an independent arbitrator and are bound by the outcome
Parties choose time, date and degree of formality
Arbitrator can be a lawyer or an expert in the particular area of discussion
The decision is final and can be enforced by the courts
The decision can be appealed in the Queen's Bench Division of the high court if any irregularity
An advantage of arbitration is the privacy which benefits businesses who do not want their disputes to be public
Also, parties can choose arbitrator whereas in the court system they cannot choose a judge
Also, arbitration is much cheaper than the courts