Alternative Dispute Resolution

What is an alternative dispute resolution?

Methods of resolving disputes without going to court.

Why is ADR often used?

It is usually cheaper, faster, and less formal than court.

What is negotiation?

Involves the people in dispute directly communicating

What is mediation?

Where the people involved in a dispute meet with a neutral third party who helps them to negotiate an agreement

What is conciliation?

Similar to mediation but he conciliator is more interventionist. They offer opinions and views.

What is restorative justice: YJC

Allows the victim and offender to discuss the situation, usually face to face. Allows victims to explain how the crime has affected them, while offender gets to own their actions and get insight into the damage that has been caused.

What is a tribunal?

A government body with powers to settle disputes.

What is arbitration?

Similar to mediation but if the parties cannot reach an agreement, the arbitrator decides for them. Their decision is legally binding, where both parties must accept the decision.

Is arbitration legally binding?

Usually, yes

What is Circle sentencing?

Where a sentencing court goes to the local indigenous community. The magistrate and community sit in a circle, discuss the matter and arrive at an appropriate sentence.

What are advantages of ADR

Lower cost, faster resolution, privacy, and reduced stress

What are disadvantages of ADR?

Power imbalances, lack of formal precedent, and possible unfair outcomes.

When is court action still necessary instead of ADR?

In serious criminal matters, cases needing legal precedent, or when parties cannot cooperate.