What is Alternative Dispute Resolution (“ADR”)?

Alternative dispute resolution  is any process that allows the parties to resolve their dispute without going to court.

When is ADR required?

• In Saskatchewan, litigants must pass through a mandatory mediation program before they are allowed to go to court. For the most part however, ADR is voluntary.

What are the types of ADR?

• Negotiation: is the most common form of ADR and revolves around discussions aimed at settling a dispute.
• Mediation: a neutral party (the “Mediator”) helps the parties reach an agreement.
• Arbitration: a neutral third party (the “Arbitrator”) imposes a decision on the parties.

What are the advantages of Negotiation?

• Quick, less complicated, and less expensive form of settlement.
• Allows all parties to control the process and decide the outcome for themselves.
• Helps the parties to remain on good terms with each other.
• Since it is a private procedure, it can be used to avoid publicity.

What are the advantages of Mediation?

• Allows the parties to control the process and the outcome.
• Receive a neutral party’s comments on each side’s strengths and weaknesses with suggestions for possible solutions.
• End result typically benefits both parties.

What are the advantages of Arbitration?

• Faster and cheaper than going to trial.
• Allows the parties to control the process by selecting their own Arbitrator.
• Helps maintain an ongoing relationship between the parties.
• It is confidential.
• May occur anywhere in the world that is convenient for the parties.