ADR Techniques 

 

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Wide Array of Techniques

ADR offers a wide array of techniques to resolve conflicts. Some techniques involve a neutral third party acting as a facilitator. Other techniques seek advice from the neutral third party, while some utilize the neutral third party as a decision-maker. For helpful information on selecting a neutral third party to mediate, click here.

What To Look For

In reviewing a conflict for ADR potential, give close attention to choosing the appropriate technique. Generally speaking, it is best to use the least intrusive technique possible. In other words, use the neutral as a facilitator or evaluator before using a neutral as a decision-maker. The more influence the neutral has over the resolution of the conflict, the less control the parties have over the process.

Some of the more common ADR techniques are listed below.

THE NEUTRAL AS FACILITATOR

  • Partnering
  • Structured Negotiations
  • Ombudsman
  • Mediation
  • Mini-trial
THE NEUTRAL AS ADVISOR
  • Neutral Evaluation
  • Fact Finding
  • Summary Jury Trial
  • Non-binding Arbitration
THE NEUTRAL AS DECIDER
  • Binding Arbitration