‘ADR’, ‘conciliation’ and ‘mediation’ are not legally defined by UK domestic law. ‘ADR’ is commonly understood to describe all dispute resolution methods other than court proceedings and arbitration. The Civil Procedure Rules generally describe ADR as a ‘collective description of methods of resolving disputes other than through the normal trial process’. ADR encompasses negotiation, mediation, conciliation, early neutral evaluation, expert determination and adjudication, among others.
‘Mediation’ is described by the Centre for Effective Dispute Resolution as ‘a flexible process conducted confidentially in which a trained neutral mediator actively assists people or organisations to work towards a negotiated agreement of a dispute’ where ‘both parties are in ultimate control of the decision to settle and the terms of resolution’. ‘Conciliation’ is similar to mediation. However, the neutral third party will take a more proactive approach, by weighing up each party’s position, offering their opinion on the relative merits, seeking concessions from the parties and making proposals for the terms of a settlement. Conciliation is used more commonly in employment and family disputes.
With many years international and domestic experience in mediation, arbitration and litigation Lux Mediation can give guidance on any dispute with a view to a swift and effective resolution.