What is ADR?
On the 1st January 2015 IAMA integrated with LEADR to become Resolution Institute. As an integrated organisation, Resolution Institute offer the range of services previously available from each of these organisations. IAMA continues with restriced functions for the purpose of managing responses to clauses in existing contracts which require an IAMA officer to nominate an ADR practicioner.
For information about Resolution Institute please click here. Below is information about ADR.
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution or ADR is usually an umbrella term for processes, other than judicial determination, in which an impartial person (an ADR practitioner) assists those in a dispute to resolve the issues between them. ADR is commonly used as an abbreviation for alternative dispute resolution, but can also mean assisted or appropriate dispute resolution.
ADR processes may be facilitative, advisory, determinative or, in some cases, a combination of these.
The ADR practitioner in a facilitative process, such as mediation, uses a variety of methods to assist parties to identify the issues and reach an agreement about the dispute.
Advisory processes, such as conciliation or expert appraisal, employ a practitioner to more actively advise the parties about the issues and range of possible outcomes.
Determinative processes, such as arbitration, use more formal techniques to inform the arbitrator so that s/he can determine an Award that will resolve the dispute.
There is currently no comprehensive or uniform legislative framework for the operation of ADR in Australia. Many different laws govern the operation of ADR in the different Australian jurisdictions. However, there are uniform Commercial Arbitration Acts in all jurisdictions that define the conduct of commercial arbitrations in Australia.