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<\/h2>\nUnderstanding\u00a0Alternative Dispute Resolution\u00a0<\/strong><\/h2>\nOverview<\/strong><\/h3>\nADR is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them.<\/p>\n<\/div>
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<\/span><\/div><\/div><\/div><\/div>ADR is commonly used as an abbreviation for alternative dispute resolution, but can also be used to mean ‘assisted’ or ‘appropriate’ dispute resolution. Some also use the term ADR to refer to techniques for the prevention or management of their own disputes.<\/p>\n
There are many different forms of ADR:<\/p>\n
\n- In facilitative<\/strong> processes an ADR practitioner assists the parties to a dispute to identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement on specific\u00a0issues or the whole dispute. Examples of facilitative processes are mediation, facilitation and facilitated negotiation.<\/li>\n<\/ul>\n
\n- In advisory<\/strong> processes an ADR practitioner considers and appraises the dispute and provides advice on\u00a0facts of the dispute, the law or\u00a0possible or desirable outcomes and how these may be achieved. Advisory processes include expert appraisal, case appraisal, case presentation, mini-trial and early neutral evaluation.<\/li>\n<\/ul>\n
\n- In determinative<\/strong> processes an ADR practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a decision on the dispute. Examples of determinative ADR processes are arbitration, expert determination and private judging.<\/li>\n<\/ul>\n<\/div><\/div><\/div><\/div>
Examples of ADR in Australia<\/strong><\/h3>\n\n- Employment \u2013 workplace grievance, industrial relations, discrimination, harassment<\/li>\n
- Commercial \u2013 contract, insurance, construction, franchise, personal injury<\/li>\n
- Statutory \u2013 AIRC, CTTT, ADB, WCC, Dust Diseases<\/li>\n
- Tribunal, Strata Titles, Family Relationship Centres<\/li>\n
- Court annexed mediation<\/li>\n
- Family \u2013 relationships, parenting, residence, property<\/li>\n
- Wills and Estates<\/li>\n
- Local Government\/ Environmental- Development Applications, Heritage sites, waste dumps, land use<\/li>\n
- Industry based Dispute Resolution schemes, eg Ombudsman \u2013 Financial Services, Energy, Telecommunications, Mortgage, Cinema, Retail Grocery, Franchise<\/li>\n
- Neighbourhood Community<\/li>\n<\/ul>\n<\/div>
Overview<\/strong><\/h3>\nADR is an umbrella term for processes, other than judicial determination, in which an impartial person assists those in a dispute to resolve the issues between them.<\/p>\n<\/div>
<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/span><\/div><\/div><\/div><\/div>ADR is commonly used as an abbreviation for alternative dispute resolution, but can also be used to mean ‘assisted’ or ‘appropriate’ dispute resolution. Some also use the term ADR to refer to techniques for the prevention or management of their own disputes.<\/p>\n
There are many different forms of ADR:<\/p>\n
\n- In facilitative<\/strong> processes an ADR practitioner assists the parties to a dispute to identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement on specific\u00a0issues or the whole dispute. Examples of facilitative processes are mediation, facilitation and facilitated negotiation.<\/li>\n<\/ul>\n
\n- In advisory<\/strong> processes an ADR practitioner considers and appraises the dispute and provides advice on\u00a0facts of the dispute, the law or\u00a0possible or desirable outcomes and how these may be achieved. Advisory processes include expert appraisal, case appraisal, case presentation, mini-trial and early neutral evaluation.<\/li>\n<\/ul>\n
\n- In determinative<\/strong> processes an ADR practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a decision on the dispute. Examples of determinative ADR processes are arbitration, expert determination and private judging.<\/li>\n<\/ul>\n<\/div><\/div><\/div><\/div>
Examples of ADR in Australia<\/strong><\/h3>\n\n- Employment \u2013 workplace grievance, industrial relations, discrimination, harassment<\/li>\n
- Commercial \u2013 contract, insurance, construction, franchise, personal injury<\/li>\n
- Statutory \u2013 AIRC, CTTT, ADB, WCC, Dust Diseases<\/li>\n
- Tribunal, Strata Titles, Family Relationship Centres<\/li>\n
- Court annexed mediation<\/li>\n
- Family \u2013 relationships, parenting, residence, property<\/li>\n
- Wills and Estates<\/li>\n
- Local Government\/ Environmental- Development Applications, Heritage sites, waste dumps, land use<\/li>\n
- Industry based Dispute Resolution schemes, eg Ombudsman \u2013 Financial Services, Energy, Telecommunications, Mortgage, Cinema, Retail Grocery, Franchise<\/li>\n
- Neighbourhood Community<\/li>\n<\/ul>\n<\/div>
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ADR is commonly used as an abbreviation for alternative dispute resolution, but can also be used to mean ‘assisted’ or ‘appropriate’ dispute resolution. Some also use the term ADR to refer to techniques for the prevention or management of their own disputes.<\/p>\n
There are many different forms of ADR:<\/p>\n
- \n
- In facilitative<\/strong> processes an ADR practitioner assists the parties to a dispute to identify the disputed issues, develop options, consider alternatives and endeavour to reach an agreement on specific\u00a0issues or the whole dispute. Examples of facilitative processes are mediation, facilitation and facilitated negotiation.<\/li>\n<\/ul>\n
- \n
- In advisory<\/strong> processes an ADR practitioner considers and appraises the dispute and provides advice on\u00a0facts of the dispute, the law or\u00a0possible or desirable outcomes and how these may be achieved. Advisory processes include expert appraisal, case appraisal, case presentation, mini-trial and early neutral evaluation.<\/li>\n<\/ul>\n
- \n
- In determinative<\/strong> processes an ADR practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a decision on the dispute. Examples of determinative ADR processes are arbitration, expert determination and private judging.<\/li>\n<\/ul>\n<\/div><\/div><\/div><\/div>
Examples of ADR in Australia<\/strong><\/h3>\n
- \n
- Employment \u2013 workplace grievance, industrial relations, discrimination, harassment<\/li>\n
- Commercial \u2013 contract, insurance, construction, franchise, personal injury<\/li>\n
- Statutory \u2013 AIRC, CTTT, ADB, WCC, Dust Diseases<\/li>\n
- Tribunal, Strata Titles, Family Relationship Centres<\/li>\n
- Court annexed mediation<\/li>\n
- Family \u2013 relationships, parenting, residence, property<\/li>\n
- Wills and Estates<\/li>\n
- Local Government\/ Environmental- Development Applications, Heritage sites, waste dumps, land use<\/li>\n
- Industry based Dispute Resolution schemes, eg Ombudsman \u2013 Financial Services, Energy, Telecommunications, Mortgage, Cinema, Retail Grocery, Franchise<\/li>\n
- Neighbourhood Community<\/li>\n<\/ul>\n<\/div>
- In determinative<\/strong> processes an ADR practitioner evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a decision on the dispute. Examples of determinative ADR processes are arbitration, expert determination and private judging.<\/li>\n<\/ul>\n<\/div>
- In advisory<\/strong> processes an ADR practitioner considers and appraises the dispute and provides advice on\u00a0facts of the dispute, the law or\u00a0possible or desirable outcomes and how these may be achieved. Advisory processes include expert appraisal, case appraisal, case presentation, mini-trial and early neutral evaluation.<\/li>\n<\/ul>\n