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.
