Alternative Dispute of Resolution Methods
- 1. B2 Group 06 April 5, 2016Welcome
- 2. Presented By:- 1. Hasitha 2. G.S.C.Sandeepa 3. Arunaka 4. Hashen 5. Buddhima 6. K. Madhubashini 7. Hansina Heshani 8. H.A.D.S. Kumari 9. Kalpani Darmarathna 10. W.M.A.Wayomi 11. Naduni Gunawardane B2 – GrouP 6
- 3. InclusIon of the PresentatIon Introduction of ADR Methods of Alternative Dispute Resolution Mediation Arbitration Neutral evaluation Negotiation Conciliation Other methods Conclusion
- 4. What Is the alternatIve dIsPute resolutIon • “ADR” refers to any means of settling disputes without going to court. • ADR includes dispute resolution processes and techniques that act as a mean for disagreeing parties to come to an agreement short of litigation. ?
- 5. What are the Methods of alternative dispute resolution ? 1)Mediation 2)Arbitration 3)Neutral evaluation 4)Negotiation 5)Conciliation 6)Other methods i. Expert deamination ii. Appointment of an independent solicitor iii. Collaborative law
- 6. Mediation DEFINITION • Mediation uses a neutral third party (mediator) to help sort things out who helps both sides come to an agreement. BENEFITS Rapid settlements Mutually satisfactory outcomes High rate of compliance Comprehensive and customized agreement Greater degree of control and predictability of outcome –
- 7. arbitration DEFINITON • Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make the binding decision on the dispute. BENEFITS Confidentiality Limited discovery Expert neutrals Cost saving Preservation of business relationships
- 8. neutral evaluation DEFINITON • Neutral evaluation is a process wherein parties and their lawyers are brought together early in a pre-trial phase to present summaries of their cases and receive a nonbinding assessment by an experienced, neutral person, with expertise in the subject in the substance of the dispute. • .
- 9. NegotiatioN DEFINITON • Negotiation is a method by which people settle differences. It is a process by which comprise or agreement is reached while avoiding argument and dispute.
- 10. CoNCiliatioN DEFINITON • Conciliation is a process through which two or more parties may explore and reach a negotiated solution to their conflict with the help of a third neutral and disinterested party. BENEFITS Ensure party autonomy Conciliation is time and cost efficient Ensure the expertise of the decision maker
- 11. other methods I. Expert deamination II. Appointment of an independent solicitor III. Collaborative law
- 12. CoNClusioN “ALTERNATIVE DISPUTE RESOLUTION METHODS- SEVERAL WAYS OF RESOLVING DISPUTES WITHOUT THE NEED TO GO TO COURT.” Mediation Arbitration Neutral Evaluation Negotiation Conciliation Other Methods ADR
- 13. REFFERENCES ALTERNATIVE DISPUTE PRACTITIONERS GUIDE (SCOTT BROWN, CHRISTINE CERVENAK, DAVID FAIRMAN) NY.COURTS.GOV WEB SITE ALTERNATIVE DISPUTE RESOLUTION ( CHERYLE MICINSKI, DAVID BATSON )
- 14. For Your Attention THE END