Mediation glossary
Mediation glossary

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Mediation glossary

Alternative dispute resolution (ADR)—method of resolving disputes other than by litigation or arbitration

ADR clause/notice—a clause in a contract which provides for ADR as a method of resolving disputes, see Drafting the ADR clause. The clause will usually require an ADR notice to be served on the other party. Even if there is no contract or clause it may be possible to serve an ADR notice on another party, see Precedent: ADR Notice—no ADR clause / dispute not contract-based.

ADR organisation—independent organisations who can help arrange a mediation or other ADR process including:

  1. advising on the most appropriate form of ADR

  2. identifying a suitably trained mediator

  3. draft the mediation agreement to be signed by the parties and the mediator

  4. deal with the administrative issues of holding a mediation such as agreeing a date, arranging an independent venue and refreshments and facilities

    Examples include the Centre for Dispute Resolution (CEDR), the ADR group and In Place of Strife

Adjudication—either:

  1. a process in which a neutral is required by contract or statute to make summary binding decisions on contractual disputes without following the procedures of litigation or arbitration (eg The Housing Grants, Construction and Regenera