For practitioners

ABOUT ADR PRACTITIONERS AND ALTERNATIVE DISPUTE RESOLUTION

(1) ABOUT ADR PRACTITIONERS

ADR REGISTERED AND CERTIED ARBITRATOR

Professional profile arbitrator

The ADR certified and registered arbitrator does, either independently or as a member of an arbitration board, on behalf of the parties, a binding decision and submit the statement in a final document or arbitral verdict.

Characteristics arbitration procedure

Short lead time, no waiting, decision on the basis of the assessment of a qualified professional. Lower cost relative to legal proceedings. Participation is voluntary or came by contractual agreement. The arbitrator shall submit the contract and set a starting document or arbitration agreement. The end result is recorded in a final document or arbitral verdict.

ADR REGISTERED AND CERTIFIED CONFLICTCOACH

Professional profile conflictcoach

An ADR certified and registered conflictcoach encourages the client based on a structured process to effective purposeful behavior and actions so that the principal purpose of preventing or resolving a dispute, conflict or situation can be made within a targeted selection from the available ADR procedures (arbitration, mediation, negotiation).

Characteristics conflictcoaching procedure

Aimed at making a success choice and the development of a successful strategy. Assurance and self reliance Specific or general assistance before or during the ADR procedure. Maximum personal result, no waiting, future oriented. Voluntary. Confidentiality during the coaching. The coach puts the assignment set in a starting document or coaching contract. The recommendations, guidelines and other relevant aspects (could) be recorded in reports or other documents.

ADR REGISTERED AND CERTIED MEDIATOR

Professional profile mediator

The ADR certified mediator is a neutral and independent mediator whom assists the parties to voluntary discussions and negotiations where the parties jointly, without the intervention of the court, under the leadership of the mediator, create a solution and establish a binding final document.

Characteristics mediation procedure

Maximum result, short lead time, no waiting, future oriented. Low cost (many legal aid insurances will reimburse the cost!). All parties share the costs on the basis of a certain scale which they themselves have set. Participation is voluntary. All parties and the mediator, may stop the procedure. Confidentiality during the procedure. Suspension / detention of other ongoing procedures (if possible). The mediator puts the assignment set in a starting document or coaching contract. The end result is recorded in a final document or settlement.

Court mediator

Is accredited as a court or legal mediator by a national government or designated authority or Is covered by the collective recognition scheme agreed between a national government, or a designated authority, and the ADR Register and Is authorized to mediate in courtprocedures

Each country has its own rules to the court mediator accreditation. The ADR courtmediator is obliged to report to a client for which country the additional registration as ADR courtmediator is valid. Each ADR full certified mediator can additionally be registered as ADR courtmediator or ADR legal mediator. This additional registration option is not open to ADR associate certified mediators.

Family mediator

Is accredited as a family mediator by a national government or designated authority or Is covered by the collective recognition scheme agreed between a national government, or a designated authority, and the ADR Register and Is authorized to mediate in family and divorce procedures

Each country has its own rules to the familymediator accreditation. The ADR familymediator is obliged to report to a client for which country the additional registration as ADR familymediator is valid. Each ADR full certified mediator can additionally be registered as ADR familymediator. This additional registration option is not open to ADR associate certified mediators.

ADR REGISTERED AND CERTIED NEGOTIATOR

Professional profile negotiator

The ADR certified negotiator acts on behalf of and exclusively for the account of one or more clients with the specific mission to achieve and to execute to best possible result for its client(s) in a specific case or dispute.

Characteristics negotiation procedure

You decide the route, the ethics, the result and the procedure. Your ambitions, goals and expectations are the binding guideline for the assigned negotiator. As a result: you decide about time, costs, expenses and energy. No holds, start direct! 100% result focused! The negotiator puts the assignment set in a starting or negotiating contract. The result is recorded in a final document or settlement agreement with your opponents.

Content negotiator

The content-negotiator acts on behalf of his principal(s) or employer only, has specific content based knowledge and skills on expert-level, coordinates the complete negotiation process, reports directly to his principal(s) or employer and has no specific obligations or responsibilities with regard to all other involved parties. Examples: insurance representative, surveyor, architect, medical specialist.

Master negotiator

The master-negotiator guides all involved parties and has the final responsibility for the entire negotiationprocess. All ADR certified arbitrators and mediators are also certified as master-negotiator.

(2) ABOUT ALTERNATIVE DISPUTE RESOLUTION (ADR)

"Any method of resolving disputes other than by litigation"

Abbreviated as ADR. Known in some countries, such as Australia, as External Dispute Resolution (EDR) Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. Arbitration and mediation are the two major forms of ADR. Conflictcoaching and hybrid ADR forms are the rising stars!

Alternative Dispute Resolution refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more and more countries have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory.

While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution.

Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to government negotiations.

Arbitration is a simplified version of a trial involving limited discovery and simplified rules of evidence. The arbitration is headed and decided by an arbitral panel. To comprise a panel, either both sides agree on one arbitrator, or each side selects one arbitrator and the two arbitrators elect the third. Arbitration hearings usually last between a few days to a week, and the panel only meets for a few hours per day. The panel then deliberates and issues a written decision, or arbitral award. Opinions are in general not public record.