Alternative Dispute Resolution (ADR)

Early Neutral Evaluation (ENE) is a form of alternative dispute resolution (ADR) where a neutral third party provides an early, non-binding assessment of the merits of a legal dispute. This assessment helps the parties involved understand the strengths and weaknesses of their case, potentially facilitating settlement negotiations and avoiding lengthy and costly litigation.

While both conciliation and mediation are forms of alternative dispute resolution aiming to resolve conflicts, they differ in the third party’s role. In mediation, a neutral third party (mediator) facilitates communication and helps parties reach an agreement, but doesn’t offer solutions. In conciliation, the third party (conciliator) may offer suggestions or solutions to help parties reach an agreement. Conciliation is often used in more legally defined disputes, while mediation can be used for broader issues

Adjudication is a process where an independent third party (the adjudicator) reviews evidence and arguments from parties involved in a dispute to make a decision that is temporarily binding. It’s often used in construction and contractual disputes to quickly resolve issues, with the adjudicator’s decision typically binding until the dispute is formally resolved through other means like arbitration, litigation, or settlement

Arbitration is a method of resolving disputes where parties agree to have a neutral third party, called an arbitrator, make a binding decision instead of going to court. It is a form of ADR which is often chosen for its speed, confidentiality, and lower cost compared to litigation. The arbitrator reviews the case, hears arguments from both sides, and then issues a decision, which is typically final and legally enforceable

Mediation is a process which gives parties to a dispute the chance to reach a compromise. The mediator helps the parties do this by investigating with the parties what compromise they might reach and then assisting the parties with reaching a resolution. The appointment of the mediator has to be agreed by all parties involved. The mediator does not act as a legal adviser.

What are some advantages of mediation?

• It is an entirely voluntary arrangement: it can bring the matter to an end within a certain cost, a controlled outcome and at a time when the parties choose.
• There can be no need to meet or see the other party face-to-face.
• The process is confidential unless and until a binding agreement is made.
• It can give parties the freedom to deal with issues which perhaps could not be decided within current litigation.