Alternative Dispute Resolution (ADR)

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Alternative Dispute Resolution(ADR)

• 3.6.3
• Pages 358-360

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What is Alternative Dispute Resolution? (ADR)

• Alternative to resolving conflicts other than
  using the courts.
• Judge can suggest or order ADR during the
  pre-trial conference.
• 3 types
• Negotiation
• Mediation
• Arbitration

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ADR - Negotiation

• Two parties agree to discuss the dispute or
  issue.
• No third party!!
• Try to come to a Mutual Agreement
• Benefits both partiesno winners or losers!
• Communication is key.
• Give Take
• Agreement, once reached, should be written,
  signed, witnessed and dated.

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Lets have a third party! Uh??
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ADR - Mediation

• Most widely used form of ADR
• A neutral third party is enlisted to bring the
  two opposing parties to an agreement.
• Usually voluntary but a judge may order
  mediation.
• Mediator merely makes a suggests a resolution.
• Parties CAN NOT be forced to accept a mediators
  recommendation.
• Mediators role facilitate, assess and recommend

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ADR - Arbitration

• A neutral third party
• Hears the merits of both sides
• Makes a final binding decision.
• More formal and can be legislated.
• Both parties agree on the Arbitrator!!
• Usually an expert
• Shared cost.
• Winner VS Loser often results.

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Advantages of ADR

• Effective Process ADR 80-85 success rate in
  Canada.
• Speed ADR is focused in resolving the conflicts
  quickly.
• Cost ADR is not expensive as court process.
• Expertise of the Decision-Maker Third parties
  have expert knowledge of the law, business or
  trade in which the dispute has arisen.
• Private and confidential Only the parties
  involved are aware of the conflict, details and
  resolution.

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Disadvantages of ADR

• NOT suitable for all conflicts. Ex. Violence
• Some parties want issues made public.
• Setting precedents for others and for groups of
  litigants in similar situations NOT possible.

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• What might this cartoon be suggesting looking at
  litigation versus ADR?

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???? Questions ????

1. How is NEGOTIATION different from the other 2
   forms of ADR?
2. How is Arbitration different from the other 2
   forms of ADR?
3. Q 3. page 360