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Alternative Dispute Resolution

What is ADR?


ADR is an English acronym of “Alternative Dispute Resolution” and it constitutes the international standard under which alternative dispute resolution methods are known.

There is a wide array of ADR techniques having a common goal, that is, to help any two or more parties resolve a dispute. Generally speaking we could subdivide different ADR methods into three main categories: binding, non binding, and advisory. There are hybrid methods which allow the parties to choose moving progressively from a negotiated settlement to a binding solution if necessary. You may consult the particulars of each method in this section's left-hand menu.

While different in methodology, ADR methods in general have a number of similar characteristics, a common ground:

  • Any ADR process is initiated with the consent of all parties. Generally speaking, evidence of consent is manifested in writing;
  • There are clear rules of procedure known to the parties beforehand;
  • Parties may choose their neutral (arbitrator, mediator, evaluator, etc.);
  • Neutrals are familiar with, and understand the ADR method under whose procedures they render their services, and have been trained to that effect;
  • Neutrals document their independence and impartiality vis-à-vis the parties and their representatives;
  • Neutrals and ADR providers keep confidentiality with respect to the parties and their dispute;
  • Neutrals and ADR providers generally adhere to and observe a code of ethics;
  • Parties are aware beforehand of the approximate cost involved in resolving a dispute through any of the various ADR methods available to them;
  • ADR costs are not linked to a result as a precondition for an ADR provider or neutral to render its services;
  • ADR service providers and neutrals do not participate voluntarily in judicial proceedings regarding the ADR service rendered;
  • ADR service providers do not execute or enforce awards on behalf of, or at the request of any party.
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