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ADR FAQ's

What are the advantages of using ADR?

When is it appropriate to submit a case to ADR Systems?

How Do I Submit a Case to ADR Systems?

What Happens When I Submit a Case to ADR Systems?

What is Negotiation?

What is Mediation?

What is Arbitration?

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What is Mediation?

Mediation is a dispute resolution process where a third-party neutral facilitates the negotiations of two or more parties in achieving a mutually acceptable agreement. The principles of mediation are:

  • Participation is voluntary. No resolution should be imposed on any participant. Any resolution is by mutual agreement and is voluntary.
  • The process is private. Only the people directly involved in the dispute, those who represent them, and those who are integral to the resolution of the problem should be in attendance at the mediation.
  • Mediation is confidential. There is no need for others to know about what happens in the mediation unless the participants and the mediator agree that it would be beneficial, or there are compelling reasons to limit confidentiality.
  • The parties control the outcome of the mediation. People are responsible for their own conflict and their own resolutions.
  • Choices are made through informed decision making. People must have adequate information with which to make informed decisions about their conflict’s resolution.

What is the role of the mediator?

The mediator is a neutral third-party that has been selected by the parties to facilitate negotiations. The mediator manages the process, but has no stake in or ability to decide the outcome of the dispute. The mediator:

  • Assists with getting the right people into the negotiation
  • Eases communication
  • Provides for safe, constructive exchanges of information
  • Educates in negotiation skills
  • Manages emotions
  • Maintains focus on problem-solving
  • Keeps the process moving
  • Reminds the parties that agreement must be mutually acceptable
  • Reality tests the implementation plan and documents the agreement

Refer to our ADR Glossary for more information.

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