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