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ARTICLE · 25 MARCH 1999

Woolf Reform: The alternatives - management panel to mini-trial

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Most cases using ADR go to mediation, but ADR is a spectrum from simple negotiation through to binding arbitration.

Management panels - eg for commercial contracts and major infrastructure projects. Negotiation by decision-makers from both sides, preferably the most senior people - this avoids communication problems and delays while decisions are approved.

Mediation - structured negotiation with a neutral acting as a conduit to help the parties reach a settlement. By far the most popular form of ADR, there is no judge or arbitrator, and the mediator imposes no decision on either side.

Conciliation - much used in the construction industry. Little different to mediation, except the conciliator plays a more active role by giving his opinion on the issues if necessary.

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