Assignment 2 (Part B) – Alternative Dispute Resolution
Task 5: - Describe the types of Alternative Dispute Resolution (ADR) (P4)
- Compare and Contrast Alternative Dispute Resolution (ADR) with
dispute in a court. (M2)
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, Mediation Conciliation
A method in which a 3rd party A method in which a 3rd party
(mediator) is used in order to help (conciliator) is used in order to help
parties come up with an agreement parties come up with an agreement
that is not binding, the mediator is that is not binding, the conciliator is
not allowed to intervene with talks allowed to forward ideas when there
when there is negotiation going on. is negotiation going on between both
parties
Yes. Yes.
Cheap, only pay mediator Cheap, only pay conciliator
Mediator will: listen to both your The conciliator clarifies their job and
and employers’ perspectives the way wherein the pacification is to
be run
They won't favour one side. Each side quickly diagrams their
story including what occurred, any
pertinent certainties and what they
They will help to make a quiet
need
climate where you can arrive at an
The conciliator may permit or pose
understanding, where you're both
inquiries
agree with, and
The conditions, and any issues
emerging, are examined – the
suggest functional strides to assist conciliator may talk independently to
you with agreeing to arrangements. the parties.
The conciliator causes the gatherings
to agree by distinguishing shared
view, proposing potential choices and
here and there by making
suggestions and helping the
gatherings draft an understanding
recorded as a hard copy
Quick Quick
Confidential Confidential
Mediator, neutral and keeps a Conciliator, also neutral and here the
passive role. Doesn’t get involved difference is the conciliator will take
and can’t lawfully give guidance an active role in helping resolve the
dispute by suggesting common
grounds
Individual v. Individual Individual v. individual
(Partner v. Ex-partner) family cases individual v. business (employment
disputes)
Non-binding recommendations, Non-binding recommendations, made
made by conciliator. Parties don’t by conciliator. Parties don’t have to
have to agree and nothing can’t be agree and nothing can’t be done if
done if promise is broken unless it promise is broken unless it has a
has a legally written contract or legally written contract or letter.
letter.
2|Page
Task 5: - Describe the types of Alternative Dispute Resolution (ADR) (P4)
- Compare and Contrast Alternative Dispute Resolution (ADR) with
dispute in a court. (M2)
1|Page
, Mediation Conciliation
A method in which a 3rd party A method in which a 3rd party
(mediator) is used in order to help (conciliator) is used in order to help
parties come up with an agreement parties come up with an agreement
that is not binding, the mediator is that is not binding, the conciliator is
not allowed to intervene with talks allowed to forward ideas when there
when there is negotiation going on. is negotiation going on between both
parties
Yes. Yes.
Cheap, only pay mediator Cheap, only pay conciliator
Mediator will: listen to both your The conciliator clarifies their job and
and employers’ perspectives the way wherein the pacification is to
be run
They won't favour one side. Each side quickly diagrams their
story including what occurred, any
pertinent certainties and what they
They will help to make a quiet
need
climate where you can arrive at an
The conciliator may permit or pose
understanding, where you're both
inquiries
agree with, and
The conditions, and any issues
emerging, are examined – the
suggest functional strides to assist conciliator may talk independently to
you with agreeing to arrangements. the parties.
The conciliator causes the gatherings
to agree by distinguishing shared
view, proposing potential choices and
here and there by making
suggestions and helping the
gatherings draft an understanding
recorded as a hard copy
Quick Quick
Confidential Confidential
Mediator, neutral and keeps a Conciliator, also neutral and here the
passive role. Doesn’t get involved difference is the conciliator will take
and can’t lawfully give guidance an active role in helping resolve the
dispute by suggesting common
grounds
Individual v. Individual Individual v. individual
(Partner v. Ex-partner) family cases individual v. business (employment
disputes)
Non-binding recommendations, Non-binding recommendations, made
made by conciliator. Parties don’t by conciliator. Parties don’t have to
have to agree and nothing can’t be agree and nothing can’t be done if
done if promise is broken unless it promise is broken unless it has a
has a legally written contract or legally written contract or letter.
letter.
2|Page
