Published: Wed, 07 Mar 2018
5. Alternative Dispute Resolution
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What does Halsbury’s say?
“Alternative dispute resolution (‘ADR’) is a term for describing the processes of resolving disputes in place of litigation and includes mediation, conciliation, expert determination, and early neutral evaluation. Mediation and conciliation require an independent third party (a ‘mediator’ or ‘conciliator’) to assist the parties to settle their dispute. Expert determination requires an independent expert in the subject of the disagreement to decide the case. The expert is chosen jointly by the parties and his decision is binding. Early neutral evaluation requires a neutral professional to give an appraisal of the merits of the case. The appraisal is non-binding”.
Halsbury’s Laws of England, Arbitration (Volume 2 (2008) 5th Edition)
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