Alternative Dispute Resolution (ADR) is a set of methods that allow resolving conflicts without the need for traditional court proceedings. In a project context, ADR plays a crucial role - it helps avoid costly and time-consuming escalations that can threaten the schedule, relationships, and budget.
Voluntary - parties decide on using ADR voluntarily.
Neutrality - conflicts are resolved with the involvement of an impartial third party.
Confidentiality - the content of negotiations, mediations, or arbitrations is not public.
Flexibility - ADR methods are tailored to the specifics and needs of the parties.
Efficiency - solutions are usually cheaper and faster than court processes.
Description: A mediator supports communication between parties and facilitates reaching an agreement, but does not impose a solution.
Application: Interpersonal, team, schedule, or scope disputes.
Characteristics: High effectiveness in projects; less confrontational.
Description: An arbitrator makes a binding decision after hearing both sides.
Application: International contracts, disputes between companies.
Characteristics: Formal, but faster than court; often results from a clause in the agreement.
Description: Parties independently reach an agreement without the involvement of third parties.
Application: Early stage disputes or minor disagreements.
Characteristics: The simplest form of ADR; low costs, full control over the outcome.
Description: A conciliator may suggest a solution, but parties decide whether to accept it.
Application: Legal disputes in selected jurisdictions.
Characteristics: Less common, similar to mediation with advisory elements.
ADR is applicable in situations such as:
Contractor-investor disputes,
Inconsistencies in scope or quality of work,
Schedule delays,
Interpretational differences in contracts.
📌 Example:
A contract may include a clause: "In case of a dispute, the parties will attempt to resolve the conflict through mediation before taking the matter to court."
| Method | Third Party | Binding Decision? | Typical Situations |
|---|---|---|---|
| Mediation | Mediator | ❌ | Soft, communicative disputes |
| Arbitration | Arbitrator | ✅ | Formal, legal disputes |
| Negotiation | None | ❌ | Simple conflicts |
| Conciliation | Conciliator | ❌ (suggestion) | Mixed situations |
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