ALTERNATIVE DISPUTE RESOLUTION.
Name of ADR General Description
Arbitration Arbitrator's decision is called as ''Award''.
Award is legally binding, Can be enforced
through couts.
Appointment ageed by both parties
following the Contract or Court Order. It is
in statute.
Suitable where no rapid decision is
required or existing relation ship is to be
preseved.
Reasons are given in a comparison
allowing parties to go for appeal.
Early Neutral Neutral professional is appointed. Med
Decission is a non- binding assessment of
Evaluation the dispute.
Outcome is used for a settlement or
further negotiation.
This suits where a dispute over a point of
law, or one party holds unrealistic point of
views.
Mediation It folds two, Facilitative meditation &
Evaluatitive mediation.
FM assists for negotiations finding a
common ground for a settlement. EM
reviews the facts and makes the
recommendation.
No rigid procedure. Mediator assists to
define the issue legally.
Helps both parties for an agreement.
Where a technical dispute, this may be
best with an appointed expert.
Decision is used to form a legally binding
contract if agreed. Until this, his opinion is
not binding until both paries signs the
agreement.
Mediator should be a good problem
solver, a good listener, skilled
communicator, and expert in the relevant
field. Legally qualified would be most
advantageous.
Conciliation Procedeture is similar to evaluative
Mediation.
Conciliation is more interventionist role in
bringing both parties together.
This acts as per ICE Concilaition
procedures.
Conciliation can be selected by the
parties who had contacted under ICE
Form of Contacts or associated sub
contacts.
Name of ADR General Description
Expert Both parties should enter into a
Contract for this if it is not in the
Determination Contract.
Own procedure & investigation are
adopted. Cheaper & faster.
Parties do not formally require present
evidences.
Decision is final. Parties Can not insist
their entitlement.
parties can not insist that their evidence
is considered.
No judicial immunity. Therefore, can be
sued for negligence.
- Arb Combination of arbitration and
mediation.
Parties agreed for mediation. When it
failed, parties go for arbitration.
Same mediator can be used as an
arbitrator. Better to change the person
as different evaluation is required.
Adjudication It operates in UK for the Contracts
entered after 1 May 1998.
Temporarily binding judgement until
confirmed by the Court, Arbitration or
Agreement. Decision within 28 days.
It considers only the matters relating to
Dispute. Not going wider details.
Can extend another 28 days by
agreeing with parties. No appeal is
allowed.
Court will hear the appeal if the Expert
is proved in bad faith or on a point of
jurisdiction. If the Expert had acted
unfairly, if there is evidence of fraud or
collusion.
This should come from the Contract.
Can be appointed by both parties or
requesting assistant. RICS, RIBA ect.
Litigation. If one or both parties don’t agree to
engage in negortiations.
If One party needs to get an injunction
or legal precedant.
If parties don’t concern about the money
or time spending.
If parties needs to keep sensitive
commercial information in private, they
may be prefer ADR rather than
litigation.