Overview

Alternative Dispute Resolution

Why use ADR?

There are many reasons to choose alternative dispute resolution.

• First, ADR works quickly.  The parties can get together soon after the dispute occurs, before positions harden and discussion becomes more difficult. This means that solutions are not only more likely, but that they can be put in place relatively fast.
• ADR is confidential and without prejudice.  Parties can say what is really on their minds without fear that their words will be used against them later if mediation doesn't lead to settlement and the case goes on to investigation and litigation. Because ADR does not seek to determine guilt or innocence, parties find it easier to discuss matters openly and to entertain creative solutions.
• ADR is better for participants and their future relationships than the confrontation of adjudication. Used early enough in the dispute process, it can help to heal fractured relationships, and avoid the toll that a drawn-out dispute can have in the workplace.
• Participants set the agenda themselves. With the help of a professional and experienced mediator, they present their views, listen to the other party and try to work out an agreement. An agreement isn’t always possible, but the success rate is good.  And because the solutions are identified by the parties themselves, they are more likely to be satisfactory than those imposed by a Tribunal or Court, and more likely to be implemented with a minimum of resistance.

The Commission ensures that the process is fair to all parties and that the results are consistent with the public interest. ADR is not the answer to every human rights issue but it is a healthier route to take than adjudication in many cases.