ADR Glossary
40+ terms and definitions covering the full spectrum of Alternative Dispute Resolution practice.
Adjudication
A formal process in which an independent third party makes a binding decision on a dispute. Unlike ADR methods, adjudication typically involves a judge or tribunal and follows strict procedural rules.
Arbitration
A form of ADR where a neutral third party (the arbitrator) hears evidence and arguments from the parties and makes a binding or non-binding decision (award). It is more formal than mediation but less formal than court proceedings.
Arbitrator
A neutral person appointed by or on behalf of the parties to resolve a dispute through arbitration. Arbitrators are expected to be impartial, qualified, and experienced in the subject matter of the dispute.
Award
The final decision made by an arbitrator or arbitral tribunal in an arbitration proceeding. An arbitral award is generally enforceable by law, similar to a court judgment.
Alternative Dispute Resolution (ADR)
A collective term for various methods of resolving disputes outside of traditional courtroom litigation. Common ADR methods include mediation, arbitration, negotiation, and conciliation.
Binding Decision
A decision that the parties are legally required to follow and that can be enforced in a court of law. Arbitration awards are typically binding.
Caucus
A private meeting between the mediator and one party during mediation. Caucuses allow the mediator to explore issues confidentially and help parties overcome impasses.
Conciliation
A process in which a neutral third party (the conciliator) assists disputing parties in reaching a mutually acceptable settlement. The conciliator may suggest solutions but does not impose a decision.
Conciliator
A neutral person who assists parties in a conciliation process. The conciliator facilitates dialogue and may propose settlement terms but has no power to impose a binding decision.
Confidentiality
A fundamental principle of ADR processes, ensuring that information disclosed during mediation, arbitration, or other ADR proceedings is kept private and cannot be used in subsequent legal proceedings.
Consent Award
An arbitral award made by the tribunal recording the terms of a settlement agreed upon by the parties during arbitration proceedings.
Court-Connected ADR (CCADR)
ADR programmes that operate within the framework of the court system. In Ghana, the Judicial Service has implemented CCADR programmes to reduce case backlogs and promote amicable dispute settlement.
Customary Arbitration
A traditional form of dispute resolution rooted in Ghanaian customary law and practice, where disputes are settled by community elders or traditional leaders in accordance with established customs and traditions.
Dispute Resolution Clause
A provision in a contract that specifies how disputes arising from the contract will be resolved, typically requiring the parties to use ADR methods before resorting to litigation.
Early Neutral Evaluation (ENE)
A process where a neutral expert provides an early, non-binding assessment of the merits of a dispute. ENE helps parties understand the strengths and weaknesses of their positions.
Enforcement
The legal process of compelling compliance with an arbitral award or mediated settlement agreement, typically through the courts.
Facilitation
A structured process in which a facilitator helps a group or parties communicate effectively, clarify issues, and work towards agreement without imposing decisions.
Good Faith
The obligation of parties in ADR proceedings to participate honestly, fairly, and with a genuine intention to resolve the dispute.
Hybrid Process
An ADR process that combines elements of two or more dispute resolution methods, such as med-arb (mediation followed by arbitration).
Impartiality
The quality of being unbiased and fair. A core requirement for mediators, arbitrators, and other ADR practitioners, ensuring that no party is favoured in the dispute resolution process.
Impasse
A situation during ADR proceedings where the parties are unable to make further progress toward resolution. Mediators may use techniques such as caucuses or reality testing to overcome impasses.
Joinder
The process of adding additional parties to an existing arbitration or ADR proceeding, subject to the consent of the parties and the rules of the relevant ADR institution.
Jurisdiction
The official power to make legal decisions and judgments. In ADR, jurisdiction refers to the authority of an arbitrator or ADR institution to hear and decide a particular dispute.
Med-Arb
A hybrid dispute resolution process that begins with mediation. If mediation fails to produce a settlement, the process transitions to arbitration, where a binding decision is made.
Mediation
A voluntary, confidential process in which a neutral third party (the mediator) assists disputing parties in negotiating a mutually acceptable agreement. The mediator does not impose a decision.
Mediator
A trained, neutral person who facilitates communication and negotiation between disputing parties in a mediation process. The mediator helps parties explore options and reach a voluntary settlement.
Negotiation
A direct dialogue between disputing parties aimed at reaching a mutually acceptable agreement without the involvement of a third party.
Neutral
An impartial person who serves as a mediator, arbitrator, conciliator, or facilitator in an ADR process. Neutrality is essential to maintaining the integrity of ADR proceedings.
Non-Binding
A decision or recommendation that the parties are not legally obligated to follow. Non-binding processes, such as mediation, allow parties to retain control over the outcome.
Online Dispute Resolution (ODR)
The use of technology and digital platforms to facilitate the resolution of disputes. ODR allows parties to participate in mediation, arbitration, or negotiation remotely.
Party Autonomy
The principle that parties have the freedom to choose the method of dispute resolution, select their representatives, and agree on the rules and procedures governing the process.
Pre-Hearing Conference
A meeting held before the main arbitration hearing to establish procedural matters such as timelines, exchange of documents, and identification of issues.
Restorative Justice
An approach to justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community, rather than punishment. It shares principles with ADR methods.
Settlement Agreement
A legally binding document recording the terms of resolution agreed upon by the parties through mediation, conciliation, or negotiation.
Shuttle Diplomacy
A mediation technique where the mediator moves between parties who are not in direct communication, conveying proposals and counterproposals to help reach agreement.
Stakeholder
Any individual, group, or organisation that has an interest in or is affected by the outcome of a dispute or the operations of the ADR Centre.
Tribunal
A panel of one or more arbitrators appointed to hear and decide an arbitration case. The arbitral tribunal has the authority to conduct hearings, receive evidence, and issue awards.
Umpire
A person appointed to make a final decision in a dispute when two arbitrators are unable to agree. The umpire's decision is binding on the parties.
Voluntary Process
An ADR process in which participation is not compelled by law or court order. Mediation and negotiation are typically voluntary, allowing parties to withdraw at any time.
Waiver
The voluntary relinquishment of a right or claim. In ADR, a party may waive certain procedural rights or objections during the process.
40 terms in the ADR Glossary