ABSTRACT
This chapter highlights the main differences between alternative dispute resolution (ADR) and arbitration or court proceedings. It focuses on organisations which offer ADR facilities; considerations when selecting a third party neutral; and contractual clauses providing for ADR as a means of resolving disputes and the enforceability of such clauses. ADR procedures take many forms. This is because they have usually been fashioned to take account of the particular circumstances of the dispute in question. Mediation is the most commonplace form of ADR. In a mediation, a neutral mediator attempts to assist the disputing parties to negotiate a settlement. Conciliation is similar to mediation, in that it involves a neutral third party assisting the parties to negotiate a settlement of their dispute. However, in conciliation the conciliator will take a view on what would be fair to settle the dispute. In med-arb, the parties initially attempt to resolve their dispute through mediation.
