Alternative dispute resolution ('ADR') is a term for describing the processes of resolving disputes in place of litigation and includes mediation, conciliation, expert determination, and early neutral evaluation1. It is not unusual for arbitration to be classed as a form of ADR, but this is potentially misleading. In many important respects arbitration has more in common with court-based litigation than with the forms of ADR listed above. Unlike arbitration, none of these forms of ADR has a statutory basis.
Mediation and conciliation require an independent third party (a 'mediator' or 'conciliator') to assist the
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