Approaches to ADR

Contributed by HenryMoser and current to 27 July 2018

The most widely used ADR approaches are:

• Mediation
• Conciliation
• Arbitration

Mediation

Mediation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the Mediator):

• identify the disputed issues;
• develop options;
• consider alternatives; and
• endeavour to reach an agreement.

The Mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its resolution, but may advise on or determine the process of mediation whereby resolution is attempted. Mediation may be undertaken voluntarily, under a court order, or subject to an existing contractual agreement.

Conciliation

Conciliation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the conciliator), identify the issues in dispute, develop options, consider alternatives and endeavour to reach an agreement. The conciliator may have an advisory role on the content of the dispute or the outcome of its resolution, but not a determinative role. The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach an agreement.

Arbitration

Arbitration is a process in which parties to a dispute present arguments and evidence to a dispute resolution practitioner (the Arbitrator) who makes a determination.