Alternative Dispute Resolutions

ALTERNATIVE DISPUTE RESOLUTION. Name of ADR

Arbitration

Early Neutral Evaluation

Mediation

Conciliation

General Description Arbitrator's decision is called as ''Award''.

Name of ADR

Expert Determination

General Description Both parties should enter into a Contract for this if it is not in the Contract.

Award is legally binding, Can be enforced through couts.

Own procedure & investigation are adopted. Cheaper & faster.

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.

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.

Neutral professional is appointed. Med Decission is a non- binding assessment of 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. It folds two, Facilitative meditation & Evaluatitive mediation.

- Arb

Adjudication

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. It operates in UK for the Contracts entered after 1 May 1998.

FM assists for negotiations finding a common ground for a settlement. EM reviews the facts and makes the recommendation.

Temporarily binding judgement until confirmed by the Court, Arbitration or Agreement. Decision within 28 days.

No rigid procedure. Mediator assists to define the issue legally.

It considers only the matters relating to Dispute. Not going wider details.

Helps both parties for an agreement. Where a technical dispute, this may be best with an appointed expert.

Can extend another 28 days by agreeing with parties. No appeal is allowed.

Decision is used to form a legally binding contract if agreed. Until this, his opinion is not binding until both paries signs the agreement.

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.

Mediator should be a good problem solver, a good listener, skilled communicator, and expert in the relevant field. Legally qualified would be most advantageous.

This should come from the Contract. Can be appointed by both parties or requesting assistant. RICS, RIBA ect.

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.

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.