TRAINING FOR ADR John Stirling Visiting Fellow Universities of Bradford and Northumbria
PROJECT TRAINING AIMS To develop a package of materials for use with a wide range of participants on the use of ADR To raise awareness of the value of ADR as a cost effective approach to dispute resolution To develop an understanding of the role ADR can play in dispute resolution To identify and develop the key skills associated with ADR
A DEVELOPMENTAL APPROACH Why do disputes occur and how can we resolve them? How do we deal with disputes in our existing procedures – what are the strengths and weaknesses? What is ADR? How can ADR support what we have and help develop new strategies?
WHAT IS ADR? Compulsory (judicial) or voluntary Good for ‘relational’, complex, disputes rather than disputes of ‘rights’ Making an ‘evaluation’ rather than ‘judging the facts’ Independent third party Problem solving approach Informal rather than formal
THREE CHOICES? Conciliation – bringing the parties together and supporting them in their own outcomes Mediation – bringing the parties together and helping them with suggestions to move forward Arbitration – a third party makes a decision after hearing the evidence
TRAINING OUTCOMES Awareness raising and challenging of expectations An understanding of ADR and its appropriateness Evaluation of ADR in relation to other options Identifying the skills of a mediator Development of a strategy for using ADR