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Overview of alternative dispute resolution

What types of dispute resolution processes are there? How are they different?

The Australian National Alternative Dispute Resolution Advisory Council (NADRAC) has published a paper "Alternative Dispute Resolution Definitions", Canberra, March 1997, which can be viewed at: law.gov.au/aghome/advisory/nadrac/adrdefinitions.htm. This page is drawn from that paper and we acknowledge the Council for this permission.

The Council offers definitions that are not prescriptive:

"In view of the flexibility of ADR processes, the Council considers that there is neither utility nor validity in attempting to classify ADR processes within rigid groups. The Council recognises that whilst there are some 'absolute' elements in dispute resolution processes, it is very hard to develop 'absolute' definitions of the processes themselves. Attempts to introduce precise terminology into a field which, by its very nature, does not lend itself to this sort of precision, are unlikely to succeed.

Rather than producing an inflexible set of definitions, the aim of the paper is, therefore, to present 'benchmark' definitions which will enable ready comparisons to be made, regardless of the range of names which might attach to particular ADR processes. To this extent, the purpose of the paper is not to impose particular definitions of dispute resolution processes, but rather, to encourage a shared understanding of the particular process under consideration or discussion." (p.4.)

The paper is structured as follows:

1. Facilitative processes

"Facilitative processes involve a third party providing assistance in the management of the process of dispute resolution. Generally the third party has no advisory or determinative role on the content of the dispute or the outcome of its resolution, but may advise on or determine the process whereby resolution is attempted. These processes fall into three categories: mediation, conciliation and facilitation."

1.1 Mediation.
1.1.1 Therapeutic mediation
1.1.2 Community mediation
1.1.3 Co-mediation
1.1.4 Shuttle mediation
1.1.5 Victim-offender mediation
1.1.6 Expert mediation

1.2 Conciliation
1.2.1 Statutory conciliation

1.3 Facilitation
1.3.1 Facilitated negotiation
1.3.2 Indirect negotiation

2. Advisory Processes

"Advisory processes involve a third party who investigates the dispute and provides advice as to the facts of the dispute, and, in some cases, advice regarding possible, probable and desirable outcomes and the means whereby these may be achieved."

2.1 Investigation
2.2 Expert appraisal
2.3 Case appraisal
2.4 Case presentation
2.5 Mini-trial.
2.6 Dispute counselling

3. Determinative Processes

"Determinative processes involve a third party investigating the dispute (which may include the hearing of formal evidence from the parties) and making a determination, which is potentially enforceable, as to its resolution."

3.1 Internally Enforceable Processes
3.1.1 Adjudication

3.2 Externally Enforceable Processes
3.2.1 Arbitration
3.2.2 Expert determination
3.2.3 Fast-track arbitration
3.2.4 Private judging

3.3 Processes which are not Enforceable
3.3.1 Fact finding
3.3.2 Determinative case appraisal
3.3.3 Early neutral evaluation

International definitions may vary. For example see the discussions on www.mediate.com , the website of the Mediation Information and Resource Centre in the USA. The discussion about Dispute Resolution processes is relevant, especially the key qualities of the mediation process.

We welcome your comments or questions. This page updated on 17 Feb 2006
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