Alternative Dispute Resolution (ADR) is a term used to describe a variety of different processes, in which an impartial person helps people to resolve their disputes. The word ‘alternative’ is usually understood to mean that these processes are an alternative to having a decision made by a judge in court.

ADR encompasses a broad range of techniques that can include mediation, arbitration, neutral evaluation and conciliation. These are defined by The National Alternative Dispute Resolution Advisory Council (NADRAC) in the following terms:

Mediation is a process in which the disputants, with the assistance of a mediator, identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement. The mediator has no advisory or determinative role in regard to the content of the dispute or the outcome of its mediation.

Arbitration is a process where the parties present arguments and evidence to a dispute resolution practitioner who makes a determination. Arbitration is particularly useful where the subject matter is highly technical, or where the parties seek greater confidentiality than in open court.

Neutral evaluation is a process where the disputants present arguments and evidence to a dispute resolution practitioner. The practitioner makes a determination on the key issues in dispute and the most effective means of resolving the dispute, without determining the facts of the dispute.

Conciliation is a process in which the disputants, with the assistance of a conciliator identify the issues in dispute, develop options, consider alternatives and endeavour to reach an agreement. A conciliator will provide advice on the matters in dispute and/or options for resolution, but will not make a determination. A conciliator may have professional expertise in the subject matter in dispute. The conciliator is responsible for managing the conciliation process.