ADR Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia.

includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation. In negotiation, participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution. Advantages: Suitability for multi-party disputes Flexibility of procedure - the process is determined and controlled by the parties to the dispute Lower costs Less complexity ("less is more") Parties choice of neutral third party (and therefore expertise in area of dispute) to direct negotiations/adjudicate Likelihood and speed of settlements Practical solutions tailored to parties interests and needs (not rights and wants, as they may perceive them) Durability of agreements Confidentiality The preservation of relationships; and the preservation of reputations
Conciliation Conciliation is a less formal form of arbitration. This process does not require an existence of any prior agreement. Any party can request the other party to appoint a conciliator. One conciliator is preferred but two or three are also allowed. In case of multiple conciliators, all must act jointly. If a party rejects an offer to conciliate, there can be no conciliation. Advantages of Conciliation:

Informality: The informal nature of conciliation is one of the processes biggest advantages. The process is considered the most relaxed and least adhering to the typical adversarial method of dispute resolution.

Non face-to-face aspect: Enables parties to engage in a dispute resolution process, which does not require the parties to come face to face. This is particularly beneficial when the parties have a particularly disharmonious or acrimonious relationship. Cost: As with most alternative dispute resolution processes, Conciliation is generally a cheaper option than litigation. Privacy/Confidentiality: At the beginning of conciliation, parties generally enter into an agreement as with the majority of alternative dispute resolution processes, that ensures that the parties negotiations are conducted as confidential and private. Time: Conciliation is more efficient than going through a court process and often can be resolved within a week from the beginning of the process. This can vary however, depending on the complexity of the matter and the nature of the parties involved. Agreement: As with the mediation process, conciliation requires the parties to come to a mutual agreement for the process to be successful. The benefit of this is that the parties are more likely to walk away from the process satisfied with the decision that they have been involved in making than one which was handed down by an arbitrator or magistrate. No Binding Agreement: If the parties are unhappy with the way in which the conciliation is being carried out they can leave the process with no obligations other than to pay the costs already incurred from the process. Conciliator Involvement: The involvement of the mediator can be positive as a conciliator, whilst acting as an impartial third party can provide clarity on issues, which are in dispute between the parties.

Disadvantages of Conciliation: No Binding Decision: If no agreement can be made between the parties, each will be left in the same position as they started. There is no binding decision handed down which can be frustrating to parties who have invested time, money and effort into the process. Conciliator Involvement: Although the conciliator is meant to be an impartial third party, the ability for them to involve themselves in the proceedings through their active involvement can question the unbiased nature of the conciliator.

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