Mediation and Other ADR

Mediation and other forms of dispute resolution
Mediation is just one form of dispute resolution. Before deciding on mediation it’s important to understand all of the options. This section explores the various forms of Alternative Dispute Resolution (ADR).

Negotiation
Settling disputes by direct negotiation of the parties is the commonest way that disputes are settled. It is only when direct negotiation breaks down that some other means of settlement is required. Negotiation is the starting point for any form of dispute resolution

Arbitration
The core process of arbitration is the process of investigation and judgment by a third party. This has mimicked lawyer litigation habits of formalism and an adversarial approach. Its core purpose is resolution by external investigation and judgment.

Conciliation
This is a loosely defined word. More often it uses a process at which the conciliator produces a recommendation as to how the dispute should be settled if it not possible for the parties to reach an agreement. It is well known in employment law circles due to the involvement of ACAS in the assistance of resolution of disputes. Conciliation is often the first stage in the arbitration process.

Read more in Why Mediate when Conciliation will do.

Expert Evaluation
As a preliminary step to settlement the parties sometimes agree to engage an expert to investigate and report on the dispute. They may also agree to abide the opinion of the expert.

Mediation
This is where the parties select an independent third party or neutral to assist the parties in reaching an acceptable solution. The mediator will discuss the problems with the parties both together and separately in private sessions known as “caucuses.”

Mediation/Arbitration
The Mediator is asked to provide a recommendation on how the dispute should be settled, which if not be accepted may be referred to arbitration.

Litigation
Litigation is the process of bringing a case before the Courts to seek a judgement. The judge will make the decision, by which the parties will be bound. 

The main thing to bear in mind is that mediation is not about judgement and you are not bound to take anyone else’s decision. A mediator does not give any judgment and is not there to take sides. You will not be bound by anyone else’s judgement and you can walk out at any time. This is unlike arbitration where the parties agree to be bound by the decision of the arbitrator. The key aspect of mediation is that it is your solution not one imposed by a third party.

Free mediation assessment
Unsure whether your dispute could be settled through mediation?

Take advantage of a free half hour telephone assessment with Human Law Mediation. Complete our enquiry form here or call Human Law Mediation on 0844 800 3249.