Introduction to the ADR & what are the methods

1. B2
Group 06
April 5, 2016Welcome

2. Presented
By:-
1. Hasitha
2. G.S.C.Sandeepa
3. Arunaka
4. Hashen
5. Buddhima
6. K. Madhubashini
7. Hansina Heshani
8. H.A.D.S. Kumari
9. Kalpani Darmarathna
10. W.M.A.Wayomi
11. Naduni Gunawardane
B2 – GrouP 6

3. InclusIon of the PresentatIon
 Introduction of ADR
 Methods of Alternative Dispute Resolution
 Mediation
Arbitration
Neutral evaluation
Negotiation
Conciliation
Other methods
 Conclusion

4. What Is the alternatIve dIsPute
resolutIon
• “ADR” refers to any means
of settling disputes without
going to court.
• ADR includes dispute
resolution processes and
techniques that act as a
mean for disagreeing
parties to come to an
agreement short of
litigation.
?

5. What are the Methods of alternative
dispute resolution ?
1)Mediation
2)Arbitration
3)Neutral evaluation
4)Negotiation
5)Conciliation
6)Other methods
i. Expert deamination
ii. Appointment of an independent solicitor
iii. Collaborative law

6. Mediation
 DEFINITION
• Mediation uses a neutral third party (mediator) to help sort
things out who helps both sides come to an agreement.
 BENEFITS
 Rapid settlements
 Mutually satisfactory outcomes
 High rate of compliance
 Comprehensive and customized agreement
 Greater degree of control and predictability of outcome
–

7. arbitration
 DEFINITON
• Arbitration is a procedure in which a dispute is submitted, by
agreement of the parties, to one or more arbitrators who
make the binding decision on the dispute.
 BENEFITS
 Confidentiality
 Limited discovery
 Expert neutrals
 Cost saving
 Preservation of business relationships

8. neutral evaluation
 DEFINITON
• Neutral evaluation is a
process wherein parties and
their lawyers are brought
together early in a pre-trial
phase to present summaries
of their cases and receive a
nonbinding assessment by an
experienced, neutral person,
with expertise in the subject
in the substance of the
dispute.
• .

9. NegotiatioN
 DEFINITON
• Negotiation is a method
by which people settle
differences. It is a
process by which
comprise or agreement is
reached while avoiding
argument and dispute.

10. CoNCiliatioN
 DEFINITON
• Conciliation is a process through which two or
more parties may explore and reach a negotiated
solution to their conflict with the help of a third
neutral and disinterested party.
 BENEFITS
 Ensure party autonomy
 Conciliation is time and cost efficient
 Ensure the expertise of the decision maker

11. other methods
I. Expert deamination
II. Appointment of an
independent solicitor
III. Collaborative law

12. CoNClusioN
“ALTERNATIVE DISPUTE RESOLUTION METHODS- SEVERAL WAYS OF
RESOLVING DISPUTES WITHOUT THE NEED TO GO TO COURT.”
 Mediation
 Arbitration
 Neutral Evaluation
 Negotiation
 Conciliation
 Other Methods
ADR

13. REFFERENCES
ALTERNATIVE DISPUTE PRACTITIONERS GUIDE
(SCOTT BROWN, CHRISTINE CERVENAK, DAVID FAIRMAN)
NY.COURTS.GOV WEB SITE
ALTERNATIVE DISPUTE RESOLUTION
( CHERYLE MICINSKI, DAVID BATSON )

14. For Your Attention
THE END