Other Dispute Resolution Processes
Alternative Dispute Resolution (ADR) has become a familiar shorthand label used to designate a whole range of dispute resolution processes. While mediation is the process used most frequently through CEDR for the resolution of commercial and civil disputes, other processes are available.
Dispute Resolution Categories
In general terms, these other dispute resolution processes can be divided into two categories based on the role of the neutral. They are either:
Adjudicative Processes
Where the neutral makes a binding decision or determination or;
Non-Adjudicative Processes
Where the neutral professional either makes a non-binding recommendation or assists the parties to reach an agreement. These facilitation-based approaches are using the skillset of a mediator but often in a much broader context than with formal commercial or civil disputes.
Adjudicative Processes
Non-Adjudicative Processes
Other Types of Alternative Dispute Resolution
Adjudication
Adjudication
Expedited process involving an independent technical expert who makes a binding decision.
Arbitration
Arbitration
Alternative Dispute Resolution (ADR) has become a familiar shorthand label used to designate a whole range of dispute resolution processes. While mediation is the process used most frequently through CEDR for the resolution of commercial and civil disputes, other processes are available.
Bonsucro
Bonsucro
We are delighted to be working with Bonsucro to administer the Bonsucro Grievance Mechanism.
Early Neutral Evaluation
Early Neutral Evaluation
A non-binding process where a neutral provides parties with a preliminary assessment of facts, evidence or legal merits.
Expert Determination
Expert Determination
An independent technical expert makes a binding decision on technical issues.
Facilitation Processes
Facilitation Processes
Use of facilitation skills in different contexts, including neutral chairing, deal negotiation and stakeholder dialogue.
Independent Investigations
Independent Investigations
Fact finding investigation conducted by a third party neutral into an issue or concern, culminating in the recording of results and possible recommendation in a report.