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ADR Techniques
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Wide Array of Techniques
ADR offers a wide array of techniques to resolve conflicts. Some
techniques involve a neutral third party acting as a facilitator.
Other techniques seek advice from the neutral third party, while
some utilize the neutral third party as a decision-maker. For
helpful information on selecting a neutral third party to mediate,
click here.
What To Look For
In reviewing a conflict for ADR potential, give close attention to
choosing the appropriate technique. Generally speaking, it is best
to use the least intrusive technique possible. In other words, use
the neutral as a facilitator or evaluator before using a neutral
as a decision-maker. The more influence the neutral has over the
resolution of the conflict, the less control the parties have over
the process.
Some of the more common ADR techniques are listed below.
THE NEUTRAL AS FACILITATOR
- Partnering
- Structured Negotiations
- Ombudsman
- Mediation
- Mini-trial
THE NEUTRAL AS ADVISOR
- Neutral Evaluation
- Fact Finding
- Summary Jury Trial
- Non-binding Arbitration
THE NEUTRAL AS DECIDER
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