ALTERNATIVE DISPUTE

RESOLUTION (ADR)
METHODS
Think of a dispute that you have been involved in...............

How was that dispute solved.............................

ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS
 ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS
Civil disputes occur when a person’s rights have been infringed
or an individual has been injured as a result of another person’s
action or inaction
 ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS
Civil disputes occur when a person’s rights have been infringed
or an individual has been injured as a result of another person’s
action or inaction

ADR involves settling a civil legal dispute by

a method other than a al decision before a
court.
 ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS
Civil disputes occur when a person’s rights have been infringed
or an individual has been injured as a result of another person’s
action or inaction

ADR involves settling a civil legal dispute by

a method other than a al decision before a
court.

Is ADR appropriate for Criminal Disputes?

Negotiation
 Negotiation

Negotiation involves two parties discussing and

compromising to obtain an agreed solution
 Negotiation

Negotiation involves two parties discussing and

compromising to obtain an agreed solution

Negotiation is usually carried

out without legal
representatives, but each
party can take their own legal
representation to assist
 Negotiation

Negotiation involves two parties discussing and

compromising to obtain an agreed solution

Negotiation is usually carried

out without legal
representatives, but each
party can take their own legal
representation to assist
 Negotiation

Negotiation involves two parties discussing and

compromising to obtain an agreed solution

Negotiation is usually carried

out without legal
representatives, but each
party can take their own legal
representation to assist

Negotiation is not binding

 Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.
 Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.

Mediation is voluntary
 Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.

Mediation is voluntary

All parties have

their say
 Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.

Mediation is voluntary

All parties have Atmosphere is

their say informal
 Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.

Mediation is voluntary

All parties have Atmosphere is

their say informal

Mediation is not binding

Disputes unsuitable for mediation
 Disputes unsuitable for mediation

circumstances where both parties are not willing

to attend mediation
 Disputes unsuitable for mediation

circumstances where both parties are not willing

to attend mediation

disputes where there is no continuing

relationship between the parties
 Disputes unsuitable for mediation

circumstances where both parties are not willing

to attend mediation

disputes where there is no continuing

relationship between the parties

disputes where there is evidence of a gross imbalance of power

 Disputes unsuitable for mediation

circumstances where both parties are not willing

to attend mediation

disputes where there is no continuing

relationship between the parties

disputes where there is evidence of a gross imbalance of power

where there are overwhelming emotions involved

 Disputes unsuitable for mediation

circumstances where both parties are not willing

to attend mediation

disputes where there is no continuing

relationship between the parties

disputes where there is evidence of a gross imbalance of power

where there are overwhelming emotions involved

where there is a history of broken

promises
Conciliation
 Conciliation

Conciliation involves a third part, who may make suggestions to

the parties.
 Conciliation

Conciliation involves a third part, who may make suggestions to

the parties.

The decisions are not binding

Arbitration
 Arbitration

Arbitration involves an independent third party who actually

makes suggestions and actually imposes a decision on the parties.
 Arbitration

Arbitration involves an independent third party who actually

makes suggestions and actually imposes a decision on the parties.

The magistrates’
court refers all civil
disputes involving
claims less than
10,000 to arbitration
 Arbitration

Arbitration involves an independent third party who actually

makes suggestions and actually imposes a decision on the parties.

The magistrates’
court refers all civil
disputes involving
claims less than
10,000 to arbitration

Arbitration is binding
Advantages of ADR
 Advantages of ADR

Often takes less time than

court
 Advantages of ADR

Often takes less time than

court

Less formal than courts

 Advantages of ADR

Often takes less time than

court

Less formal than courts

confidential, unlike a
court, which is usually
open to the public
 Advantages of ADR

Often takes less time than

court

Less formal than courts

confidential, unlike a
court, which is usually
open to the public

Held at more suitable venues

 Advantages of ADR

Often takes less time than

court generally cheaper than
litigation
Less formal than courts

confidential, unlike a
court, which is usually
open to the public

Held at more suitable venues

 Advantages of ADR

Often takes less time than

court generally cheaper than
litigation
Less formal than courts
not adversarial
and therefore
confidential, unlike a both parties can
court, which is usually come away from
open to the public the process
feeling as if they
Held at more suitable venues
have won
Disadvantages of ADR
 Disadvantages of ADR

Not suitable for all disputes

 Disadvantages of ADR

Not suitable for all disputes

Decisions are not legally binding (except Arbitration)

 Disadvantages of ADR

Not suitable for all disputes

Decisions are not legally binding (except Arbitration)

Dispute may still end up in Court

 Disadvantages of ADR

Not suitable for all disputes

Decisions are not legally binding (except Arbitration)

Dispute may still end up in Court

Need both parties to voluntarily participate