Quasi-Arbitral Processes in ADR

Quasi-Arbitral Processes in ADR

Quasi-arbitral processes in Alternative Dispute Resolution (ADR) refer to methods that resemble arbitration but do not fully adhere to the formalities and binding nature typically associated with arbitration. These processes often involve a neutral third party who helps facilitate a resolution between disputing parties, but the outcome may not be legally binding or enforceable in the same manner as a traditional arbitration ruling.

One common example of a quasi-arbitral process is mediation, where a mediator assists the parties in negotiating a mutually agreeable solution without the authority to impose a decision. The mediator’s role is to facilitate communication and suggest potential resolutions, but ultimately, it is up to the parties to come to an agreement. If no agreement is reached, the parties retain the right to pursue other forms of dispute resolution, including arbitration or litigation.

Another example is neutral evaluation, where a neutral evaluator reviews the case and provides an assessment of the strengths and weaknesses of each side’s arguments. This evaluation can guide the parties in negotiating a settlement but is not binding and does not result in a definitive resolution.

Quasi-arbitral processes are often favored for their flexibility, confidentiality, and potential for preserving relationships between disputing parties, as they encourage collaboration and open communication rather than adversarial confrontation.