The document discusses various alternative dispute resolution (ADR) methods for resolving civil legal disputes outside of court. It defines ADR and describes negotiation, mediation, conciliation and arbitration processes. Negotiation involves parties discussing solutions without legal representation, while mediation uses an impartial third party to direct discussion. Conciliation is similar but the third party can make suggestions, and arbitration involves a third party making a binding decision. The document outlines advantages like time and cost savings compared to litigation, and disadvantages such as non-binding decisions and need for voluntary participation.

1. ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS

2. Think of a dispute that you have been involved in...............
How was that dispute solved.............................

3. ALTERNATIVE DISPUTE
RESOLUTION (ADR)
METHODS

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?

7. Negotiation

8. Negotiation
Negotiation involves two parties discussing and
compromising to obtain an agreed solution

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

12. Mediation
Mediation involves an impartial third party who listens and
directs discussion but does not suggest outcomes.

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

17. Disputes unsuitable for mediation

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

23. Conciliation

24. Conciliation
Conciliation involves a third part, who may make suggestions to
the parties.

25. Conciliation
Conciliation involves a third part, who may make suggestions to
the parties.
The decisions are not binding

26. Arbitration

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

30. Advantages of ADR

31. Advantages of ADR
Often takes less time than
court

32. Advantages of ADR
Often takes less time than
court
Less formal than courts

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

37. Disadvantages of ADR

38. Disadvantages of ADR
Not suitable for all disputes

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