Dispute Resolution Schemes

Definitions of ADR:

There are several recognised ADR procedures. Negotiation is the most common, and involves the parties themselves attempting to resolve the dispute. If negotiation is unsuccessful, the other forms that are most commonly used are:

 
Mediation
Mediation is a private and structured form of negotiation assisted by a third party that is initially non-binding. If a settlement is reached the mediator can draw up an agreement that can then become a legally binding contract.

Conciliation
Conciliation is similar to mediation, but the conciliator can propose a solution for the parties to consider before agreement is reached.

Arbitration
Arbitration, probably the best-known form of private dispute resolution, is a formal, and binding, process where the dispute is resolved by the decision of a nominated third party, the arbitrator or arbitrators.

Neutral Evaluation
Neutral Evaluation is a private and non-binding technique whereby a third party; usually a judge or somebody legally qualified, gives an opinion on the likely outcome at trial as a basis for settlement discussions.

Expert Determination
Expert Determination is a private process involving an independent expert with inquisitorial powers who gives a binding decision.

Adjudication
Adjudication involves the use of an expert to rule on a technical issue and is primarily used in construction disputes as set out in Chartered Institute of Arbitrators (Kenya Branch) Adjudication Rules, where awards are binding on the parties at least on an interim basis. At the end of the interim period other processes, like arbitration, can be used by the parties to achieve full and final settlement.

ADR definitions

Benefits of ADR