ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution (“ADR”) refers to any method of resolving disputes

without litigation.
ADR encompasses all conflict resolution processes and techniques that occur
outside of governmental authority, without courts or trials.
There are several advantages to ADR over traditional litigation. ADR can be faster,
less expensive, and more confidential than going to court.
It can also preserve relationships between the disputing parties, which can be
important in business and family law matters.
Some common ADR methods
 Mediation
 Arbitration
 Conciliation
 Negotiation
Mediation
Mediation is a dispute resolution method used to resolve labor management,
international disputes, contract, interpersonal, and human resource issues.
It involves a third person, or mediator, intervening to help parties negotiate a
mutually acceptable resolution of conflict issues.
Here are some key aspects of mediation:
Voluntary participation: Both parties involved in the disagreement must agree to
participate in mediation
Neutral mediator: The mediator doesn't take sides and has no stake in the
outcome
Focus on interests: The mediator helps the parties identify their underlying
interests and work towards a solution that addresses them
Confidentiality: Discussions during mediation are typically confidential, which
can encourage open communication
Conciliation
Conciliation is another method of alternative dispute resolution (ADR) alongside
mediation and arbitration.
Conciliation is a voluntary process where a professional facilitator assists
employers and employees in resolving disputes when their own efforts have not
been successful, facilitating the search for agreement.
It shares some similarities with both, but also has its own distinct features:
Similarities to mediation:
Voluntary participation: Like mediation, conciliation involves both parties
willingly participating in the process to find a solution
Neutral third party: A neutral conciliator facilitates discussions and helps the
parties reach an agreement
Focus on interests: The conciliator may explore the underlying interests of each
party to find common ground for a solution
Confidentiality: Discussions during conciliation are typically confidential,
encouraging open communication
Differences from mediation:
Solution proposals: A key distinction is that conciliators may actively suggest
potential solutions for the dispute, whereas mediators typically focus on guiding
the parties towards their own solutions
Less emphasis on underlying interests: Conciliators might spend less time
exploring the deeper reasons behind each party's position compared to mediators

Similarities to arbitration:
Focus on settlement: Similar to arbitration, conciliation prioritizes reaching a
settlement over simply improving communication
Differences from arbitration:
Non-binding outcome: Unlike arbitration where the decision is binding,
conciliation results in a non-binding agreement between the parties.
They retain the freedom to reject the proposed solution.
Arbitration
Arbitration is a dispute resolution process where parties agree to submit a dispute
to one or more arbitrators who make a binding decision, opting for private
resolution instead of going to court.
An arbitrator, a legal professional or expert, hears arguments from both parties and
issues a final, binding decision on a dispute, which is enforceable in court, similar
to a judge's ruling.
Arbitration follows stricter procedures than mediation and may involve lawyers
presenting cases.
The process for choosing an arbitrator depends on the specific circumstances of
your arbitration agreement and any applicable arbitration rules
Characteristics of arbitration
 Arbitration is neutral
 Arbitration is a confidential procedure
 The decision of the arbitral tribunal is final and easy to enforce

Arbitration is neutral
Parties can choose neutrals of appropriate nationality, relevant law, language, and
arbitration venue, ensuring no home court advantage, by selecting neutrals of
appropriate nationality and ensuring appropriate neutrality.
Arbitration is a confidential procedure
The WIPO Rules safeguard the confidentiality of arbitration, disclosures, and
awards, allowing parties to restrict access to trade secrets or other confidential
information submitted to the arbitral tribunal or a confidentiality advisor, under
certain circumstances.
The decision of the arbitral tribunal is final and easy to enforce
The WIPO Rules require parties to promptly execute arbitral tribunal decisions,
while the New York Convention enforces international awards through national
courts, allowing only limited exceptions, and over 165 states are members of this
convention.