4. 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
5. 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.
6. 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?
9. 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
10. 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
11. 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
13. Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.
Mediation is voluntary
14. 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
15. 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
16. 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
18. Disputes unsuitable for mediation
circumstances where both parties are not willing
to attend mediation
19. Disputes unsuitable for mediation
circumstances where both parties are not willing
to attend mediation
disputes where there is no continuing
relationship between the parties
20. 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
21. 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
22. 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
27. Arbitration
Arbitration involves an independent third party who actually
makes suggestions and actually imposes a decision on the parties.
28. 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
29. 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
33. Advantages of ADR
Often takes less time than
court
Less formal than courts
confidential, unlike a
court, which is usually
open to the public
34. 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
35. 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
36. 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
39. Disadvantages of ADR
Not suitable for all disputes
Decisions are not legally binding (except Arbitration)
40. Disadvantages of ADR
Not suitable for all disputes
Decisions are not legally binding (except Arbitration)
Dispute may still end up in Court
41. 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
