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Alternative Dispute Resolution

What is ADR?

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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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