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Alternative forms of dispute resolution (ADR)

ADR is a collective description of methods of resolving disputes otherwise than through the normal trial process. The most common forms are mediation, expert determination and early neutral evaluation.

  • Mediation is where a third party is appointed to try to facilitate a negotiated settlement with the parties, often in separate rooms. The mediator will not give advice or comment who has the stronger case – if the parties reach agreement a binding settlement agreement will be entered into.
  • Expert Determination is where an expert is appointed to consider the submissions of each party on a technical issue, and will reach a decision.
  • Early Neutral Evaluation is where the parties invite a neutral third party to give an opinion on the merits of the case or particular aspects of the case.