Alternative Dispute Resolution ADR FAQ - Frequently Asked Questions:
I’ve Heard That In ‘Alternative Dispute Resolution’ A Neutral Third Party Is Involved
Yes, that is correct. Technically, the
word‘neutral’ is generally used to describe that
the
‘third party’ has no vested interest in the outcome
of the resolution and is not directly involved in the disagreement. The
term ‘neutral’ is sometimes inappropriately used to
replicate the ‘judge’ in court room. However, in
alternative dispute resolution, the third party has no
‘decision making authority’. The third party
assists as the ‘process guide’ steering the parties
from disagreement to resolution. The third party is similar to the
conductor of an orchestra. The conductor does not play the instruments.
The conductor directs. The third party directs, conducts and guides the
dispute resolution process using his/her skills as a facilitator,
negotiator, counselor, agreement documenter and sometimes adding in a
dose of common sense. Only in arbitration and binding mediation is the
third party given permission to make a ‘decision’
as a court room judge would do.
Also, it should be mentioned that the ‘third party’
is usually a single individual. It is becoming common practice to have
two individuals or a panel of three acting as the ‘third
party’. In this way, the ‘process’ is
conducted with expanded neutrality. The theory is we are all biased in
some way. Individuals have has their own unique viewpoints, past
experiences and filters through which they see the world around them.
In a pure sense, it would be idealistic to say that
‘anyone’ can be ‘truly
neutral’. However, with two individuals or a panel as the
‘third party’ the probability of neutrality in
enhanced, plus the parties gain more insight and knowledge from
different individuals sharing the roles of facilitator, negotiator,
counselor, and agreement documenter.
I’ve Heard That In ‘Alternative Dispute Resolution’ A Neutral Third Party Is Involved
ADR Questions at a glance
- Why Do We Have Disagreements, Disputes and Conflicts?
- What Is The Difference Between A Position And An Interest?
- What Is Difference Between A Disagreement, Complaint, Dispute And A Conflict?
- How Do You Resolve A Disagreement?
- Is There A ‘Best Practice’ Approach In Resolving Disagreements?
- What Is Alternative Dispute Resolution, known as ADR?
- What Are The Advantages Of Alternative Dispute Resolution?
- What Are The Types Of Alternative Dispute Resolution?
- What is difference ‘Alternative Dispute Resolution’ And ‘Conflict Resolution’?
- I’ve Heard That In ‘Alternative Dispute Resolution’ A Neutral Third Party Is Involved?
- How Do I Decide When To Used ‘Alternative Dispute Resolution’?
- How Do I Start The ‘Alternative Dispute Resolution’ Process?
- How Do The Parties And The Mediator Work Together?
- During The Mediation, What Does The Mediator(s)Do?
- How Long Does Mediation Take?
- Why Use Mediation If We Are Unable To Agree?
- Do I Need To Hire A Lawyer To Mediate?
- If I Don’t Bring A Lawyer Can I Bring Someone To Help Assist Me?
- Is Mediation Legally Binding?
- If I Use Mediation, Will I Need To Go To Court?
- Must An Agreement Be Reached In Mediation?
- Can A Mediator Be A Witness Or Talk To The Judge?
- What Should I Know About A Mediator Before Choosing One?
- What Are The Advantages Of Mediation Over Litigation?
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