Facilitated dispute resolution processes Definition

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GLOSSARY

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What does Facilitated dispute resolution processes mean?

binding ADR processes where a third party neutral makes a decision for the parties after presentation of facts and arguments. Examples include: mediation-arbitration (med-arb), judicial appraisal, expert determination and adjudication

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What is ADR?

What is ADR? Definition of ADR Alternative dispute resolution (ADR) is described in the CPR Glossary as a ‘[c]ollective description of methods of resolving disputes otherwise than through the normal trial process’. Some courts use the term ‘negotiated dispute resolution’ (NDR) to refer to the resolution of a dispute by alternative means, but for ease of reference, the term ADR is used in this Practice Note. For information on how ADR is dealt with in the various court guides, see Practice Note: ADR and NDR in the Court Guides. Essentially, ADR is a process for resolving a dispute outside of a court of law. It usually involves a neutral third party who either assists the parties in reaching a negotiated resolution of their dispute or provides a determination of the dispute which is legally binding. The mechanism can lead to a binding resolution if provided for in the agreement by which the parties agree to submit their dispute to ADR. There are a variety of different forms of...

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