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Different types of ADR

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Introduction

Types of ADR and What They Are Used For. The different types of ADR are Conciliation, Arbitration, Mediation, Negotiation, Ombudsman and Tribunals. (CAMNOT) Conciliation is half way between Arbitration and Mediation. The conciliator offers advice to the parties and plays a more active role than the Mediator. The Mediator will advice the parties.The purpose of conciliation is to bring the different parties together to look for ways to resolve the dispute. Conciliation looks for common ground to help resolve the matter to the satisfaction of both parties so that both can move beyond the dispute. As the conciliation process allows for both parties in the dispute to have their say, it is possible for each side to come to a better understanding of the other's position. This can help to eliminate misunderstandings based on incorrect assumptions or information and to achieve a real change in attitude. ...read more.

Middle

Mediation is where a Mediator is brought in to help the parties to reach a compromise without imposing a solution on them. The Mediator will talk to both sides and act as a neutral go-between. This is used in a number of civil disbutes where the relationship between the parties has broken down. Companies often use this method to resolve commercial disbutes. It is also used in marital disbutes with Relate. Mediation is an effective way of resolving disputes without the need to go to court. It involves using an independent third party - a mediator - who helps both sides to come to an agreement. Mediation is a voluntary process and will only take place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, they can still go to court. ...read more.

Conclusion

An Ombudsman can only recommend how a disbute maybe resolved. His or her recommendations cannot be enforced. Ombudsmen are independent, free of charge and impartial - that is, they don't take sides with either the person who is complaining or the organisation being complained about. In most cases, you must complain to the organisation first, before you make a complaint to the ombudsman. Tribunals is similar to a court without the ritual or formality. They are involved in a number of specialist tribunal which bear their name: Employment Tribunals, Immigration Tribunals, Social Security Tribunals etc. Three people sit on a tribunal, two with the specialist knowledge on the area involved and a qualified chairman or tribunals. Employment tribunals are independent judicial bodies who determine disputes between employers and employees over employment rights. The Immigration Services Tribunal was created in October 2000. It hears appeals against decisions made by the Office of the Immigration Services Commissioner and considers disciplinary charges brought against immigration advisors by the Commissioner. ...read more.

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