Types of ADR

ADR is more than just mediation and arbitration/case appraisal.

The Dispute Resolution Guidebook by Ruth Charlton (2000) defines mediation as:

Mediation is a process by which the parties to a dispute, with the assistance of a neutral third party (the Mediator), identify the issues in dispute, develop options around these issues, consider alternatives and endeavour to reach an agreement which encompasses the underlying needs and interests of the parties.

During the 1980s various terms were defined and included in Sourcebook: Federal Agency Use of Alternative Means of Dispute Resolution (1987):

Facilitation is a collaborative process used to help a group of individuals or parties with divergent views reach a goal or complete a task to the mutual satisfaction of the participants. The facilitator functions as a neutral process expert and avoids making substantive contributions. The facilitator's task is to help bring the parties to consensus on a number of complex issues.

Fact Finding is a process used from time to time primarily in public sector collective bargaining. The Fact Finder, drawing on both information provided by the parties and additional research, recommends a resolution of each outstanding issue. It is typically non-binding and paves the way for further negotiations and mediation.

Mandated Settlements and Negotiated Settlements. Alternative dispute resolution techniques involving the use of neutrals are often divided into two categories: (1) settlements negotiated by the disputants and (2) settlements mandated by a third party. A more recent development has been the merging of the two; if the parties are unable to resolve their differences voluntarily, the third-party is authorized to dictate the terms of the settlements (see Med-Arb below).

Med-Arb is an innovation in dispute resolution under which the med-arbiter is authorized by the parties to serve first as a mediator and, secondly, as an arbitrator empowered to decide any issues not resolved through mediation.

The Mini-Trial is a privately-developed method of helping to bring about a negotiated settlement in lieu of corporate litigation. A typical mini-trial might entail a period of limited discovery after which attorneys present their best case before managers with authority to settle and, most often, a neutral advisor who may be a retired judge or other lawyer. The managers then enter settlement negotiations. They may call on the neutral advisor if they wish to obtain an opinion and how a court might decide the matter.


The Multi-Door Center (or Multi-Door House) is a proposal to offer a variety of dispute resolution services in one place with a single intake desk which would screen clients. Under one model, a screening clerk would refer cases for mediation, arbitration, fact-finding, ombudsman or adjudication.

Negotiated Investment Strategy is a mediation process which has been used on a limited basis to bring together federal, state and local officials and community members to resolve differences, disputes and problem related to the allocation and use of public resources.

Public Policy Dialogue and Negotiations is aimed at bringing together affected representatives of business, public interest groups and government to explore regulatory matters. The dialogue is intended to identify areas of agreement, narrow areas of disagreement and identify general areas and specific topics for negotiation. A facilitator guides the process.

What is Assisted Dispute Resolution (ADR)?

ADR involves a wide range of techniques used to resolve disputes. The essential and important element in ADR is the assistance of a Third Party Neutral to help the parties reach their own agreement on how to resolve the dispute.

EcoDirections specialises as an ADR Service Provider forin planning and environment disputes by:

Providing Mediators and Facilitators. We have a litigation mediation agreement and a mediation agreement outside litigation suitable for facilitation and similar dispute resolution techniques separately from legal proceedings.
 
Assisting Local Government and Communities to develop an ADR Policy. Interested Corporations can also be accommodated should they wish to have an ADR Policy.

Presenting ADR Information Seminars to encourage a greater acceptance and use of ADR. Our 2002 seminar series was successful but also demonstrated that we still have a long way to go.

The use of ADR for planning and environment issues is wider than all statutory contexts. It is a voluntary process able to be carried out by agreement at any time.

Court-annexed ADR facilities are limited to what is provided by statute.

ADR in an Australian context

The Australian National Alternative Dispute Resolution Advisory Council (NADRAC) is concerned with those dispute resolution processes that involve third party intervention and which involve disputes that could otherwise be subject to judicial determination. Third party intervention is classified by NADRAC as (a) Facilitative Processes (eg various forms of Mediation and Facilitation), (b) Advisory Processes (eg Expert Appraisal and Case Appraisal), and (c) Determinative Processes (eg Arbitration).

Is ADR suitable for planning and environment disputes?

Can the interest of the public in maintaining the integrity in the environmental laws be comprised by negotiations in a mediation context? Local Government or another public body interested in upholding the planning and environmental laws is a party to the proceedings, and it is their public duty to ensure that the integrity of those laws is maintained. As a result, the public can be satisfied that ADR is appropriate for planning and environment disputes.

Many planning and environmental laws involve matters of opinion, and judgment and discretion. Performance-based Planning Schemes are now encouraged.
It can be expected that this will increase disputation. Therefore, the availability of ADR should be encouraged so as to properly manage the disputes.

In suggesting ADR in planning and environment disputes, it should be kept in mind that the Court remains the safety net for the parties if the dispute is not resolved by ADR.

Properly managed, ADR can assist in avoiding disputes or in limiting them. The assistance of a neutral third party helps to make sure that the dispute is analysed as part of the ADR processes. Therefore, ADR advances the public interest.