Glossary of Terms
Alternative Dispute Resolution (ADR)
ADR is an alternative to litigation. It includes a range of conciliation and negotiation processes which may be “blended” by agreement to reach a resolution. Participation may be voluntary or court ordered. The aim is to save:
- Reduce Acrimony
Two common processes include:
Facilitative: Non-adversarial, aims for a win/win for participants. Compromise is required to reach best possible agreement. There is a focus on self-determination; in terms of the underlying needs and interests of the participants, rather than their legal rights and obligations. Participants may attend with/without legal practitioners; the process is private and confidential; the mediator is neutral and assists in reaching agreement. Mediation agreements may be drafted as Consent Orders, filed in Court and then become legally enforceable.
Evaluative: The objective is to reach settlement based on the parties’ legal rights and entitlements.
Mirrors a court process but is usually less formal. An arbitrator decides some or all of the issues in dispute and makes a determinative ruling in the form of an award. The form of arbitration is decided, witnesses may be called, evidence tendered, and a time limit set. It may be kept confidential.