Today we shall be discussing different types of alternative dispute resolution mechanisms.
5. Hybrid processes
Having itemised them, let’s discuss them briefly.
It is a problem-solving process in which two or more people voluntarily discuss their differences and attempt to reach a joint decision on their own on their common concerns.
The second one is mediation as we have said earlier. It involves at least 3 persons, the parties and the mediator. A mediator is also a person procured jointly by both parties to help them reach an agreement amicably.
Mediation involves negotiation in part. However, instead of the two parties trying to solve every problem arising from the dispute, a third person is there to help the parties in the negotiation.
As an ADR strategy involves a situation where a 3rd party known as a conciliator, is obliged to use his best endeavours to bring the parties in a dispute to a voluntary settlement of their dispute. Conciliation processes are much more interventionist in outlook than mediation and are more common in negotiations involving government agencies.
Arbitration is a special branch of ADR, special in the sense that in some respects, it also possesses some attributes of litigation.
However, it simply means an ADR mechanism whereby disputing partied submit their grievances to an arbitrator for resolution
Now the next is the hybrid process. The process allows the parties to commence settlement of a dispute with one ADR process but may have recourse to other ADR processes in the course of the settlement of the dispute.
The major advantage of the hybrid process is that it allows the parties the time to explore an ADR process to settle their dispute until they discover that a particular problem requires another ADR process.
For example, disputing parties may initially employ arbitration and migrate to mediation and vice versa.
Distinguished members of this platform… May I seek your permission to draw the curtain. Questions are welcome and same shall be answered
QUESTION AND ANSWER
Q: Please can any of the ADR pass judgment?
A: When a party institute a case in court and both disputing parties later agree to settle amicably out of court, the court would b informed of such development and the terms of the resolution/ADR reached among d parties will be filed in court and d court will pronounce same as its judgment in d case. This is also called consent judgment
Q: Please can you give us the full meaning of ADP
A: Alternative dispute resolution mechanisms
Q: Which of the methods involves payment of money?
A: All of them……except negotiation