INTRODUCTI

ON TO
ALTERNATIV
E DISPUTE
RESOLUTION
(MEDIATION)
JSGB & ASSOCIATES LEGAL
 SERVICES INC.
OBJECTIVES:
a. To train community justice advocates
in the methodology and substantive
aspects of ADR as an alternative to
litigation (going to court).
b.To expose participants to proven best
practices in interest-based dispute
resolution methods.
c. To foster consensus in the use of adr
in promoting access to justice and
peaceful coexistence in communities.
OVERVIEW:
• Introduction and application of ADR
• Two-days workshop for each there will be 4 sessions, 2 lunch breaks, substantive presentations,
facilitated group discussions and role plays
• Evaluation and network development
DAY 1 DAY 2
• What is ADR and how does it apply to our judicial • What are the skills of a mediator (continues)?
system? •  Identifying and explaining advance mediation skills
• What is mediation? • Designing and demonstrating mediation training
• What is the role of a mediator?
• What are the procedures for mediation? 
• What are the skills of a mediator?
INTRODUCTION TO ADR:
• The phrase-alternate dispute resolution refers to looking outside the courtroom
setting to resolve some disputes that are civil in nature.

• In other words, alternate dispute resolution(adr) processes that are alternative

methods of helping people resolve legal problems before gong to the court. ADR
involves an independent third person, called a “neutral” who tries to help
resolve or narrow the areas of conflict.

• The use of adr early in case can result in the more efficient, cost effective
resolution of disputes with greater satisfaction to the parties.

Advantages and disadvantage of adr:

• Less time consuming: people resolve their dispute in short period as

compared to the courts

• Cost effective method: it saves a lot of money if one undergo in

litigation process.

• It is free from technicalities of court, here informal ways are applied in

resolving dispute
Various modes of ADR include:

– Arbitration
– Mediation
– Conciliation
– Facilitation
– Settlement conference

• Arbitration :the process of arbitration cannot exists without valid arbitration agreement prior to the emergence of dispute. In
this technique of resolution parties refer their dispute to one or more persons called arbitrator. Decision of arbitrator is bound on
parties and their decision is called “award”. The object of arbitration is to obtain fair settlement of dispute outside of court
without necessary delay and expense.

• Mediation : is an alternative dispute resolution where a third neutral party aims to assist two or more disputant in reaching
agreement. It is an easy uncomplicated party centered negotiation process where third party act as a mediator to resolve dispute
amicably by using appropriate communication and negotiation techniques. This process is totally controlled by the parties.
Mediator doesn’t impose his views and make no decision about what a fair settlement should be.
• CONCILIATION : is a form of arbitration but it is less formal in nature. it is the best process of amicable resolution
between the parties, whereby the parties to the dispute use conciliator who meets with the parties separately to settle
their dispute.

• FACILITATION : create a structure to encourage and facilitate direct negotiation between parties to a dispute
without the intervention of the third party. in negotiation, participation is voluntary and there is no third party who
facilitate the resolution process or impose a resolution.

• SETTLEMENT CONFERENCE : the calling of parties to settle a dispute where the parties come together in a
meeting to settle their disagreement.
 MEDIATION
• There is a third party ( a mediator) , who facilitate the resolution process.
• He could suggest a resolution, but never impose it.

Most people like mediation because of the following reasons:

a. It is likely to get the best results

b. It costs less money.
c. After mediation people remain friends.
d. It saves time.
Mediation is about listening and moving people to what will benefit them from what they think will benefit
them. This is a three-way process: the mediator listens to party “A” and party “A” listens to the mediator. Party
“A” listens to party “B” and party “B” listens to party “A”. The mediator listens to party “B” and party “B”
listens to mediator.
THE MEDIATOR’S ROLES
• The role of the mediator is to facilitate the discussion and to help the parties to identify the issues.
• The mediators do not give advice or make suggestions as to what should be done.
• The mediators do not make a decision for the parties.
• Mediation does not try to discover truth or establish fault.
EFFECTIVE MEDIATOR
PROCEDURES FOR MEDIATION
a. INTRODUCTION.

b. PRIVATE MEETINGS WITH PARTY ‘A’. 

c. PRIVATE MEETING WITH PARTY ‘B’, ‘C’, ETC.

d. THE MEDIATOR AND ALL PARTIES MEET FOR THE FIRST TIME.

e. MEDIATORS’ MEET AMONG THEMSELVES (IF THERE ARE MORE THAN ONE MEDIATOR)

f. RETURNS TO MEET WITH THE PARTIES.

g. ADDITIONAL PRIVATE MEETINGS, AS NEEDED.

h. AGREEMENT WRITING, COURT’S APPROVAL, IMPLEMENTATION. PROACTIVE

i. ENFORCEMENT, AS NEEDED.
 MEDIATOR SKILLS
The skills of the mediator include:

a. Active listening
b. Ability to gain trust of the parties
c. Non-partisanship (there are exceptions)
d. Redirecting
e. Proactive inquiry
f. Reflection and feedback
g. Non-judgmental stance
h. Empathy
MEDIATOR SKILLS (CONT.)
• The mediator shall give both the parties an equal chance to put forward their arguments;
• The mediator shall not favour any particular party, and refrain from doing any act that might give such an impression;
• The mediator must not be linked in any way (like having a previous relation) to any individual or any group involved in the
dispute. Though, this quality may be unnecessary when both the parties agree to have a known person to act as the mediator);

• The mediator must e a good listener who would patiently listen to both the parties;
• The mediator must be cool and avoid aggression;
• The mediator must keep the moral of the parties high even if the process is taking long;
•  The mediator must try being pleasant to the parties, even if it is difficult to do so;
• The mediator must be honest to both the parties about any event relating to the proceeding.
• The mediator must have the ability to summarize the progress made from time to time.
ADVANCED MEDIATION SKILLS
Five advanced mediator skills:

a. Managing cultural differences in mediation

b.Managing power disparities in mediation
c. Ethics
d.Large group facilitation
e. Training mediators, training trainers
TRAINING OUTCOMES:
• Awareness raising and challenging of expectations
• An understanding of ADR and its appropriateness
• Evaluation of ADR in relation to other options
• Identifying the skills of a mediator
• Development of a strategy for using ADR
CONCLUSION:
•Alternate dispute resolution is rapidly developing at national and international
level, offering simpler methods of resolving disputes. Increasing trend of ADR
services can easily be inferred from the growth of arbitration clause in
majority of contracts.
•Conciliation bringing the parties together and supporting them in their own
outcomes
•Mediation bringing the parties together and  helping them with suggestions to
move forward
•Arbitration a third party makes a decision after hearing the evidence