Alternative Dispute Resolution (ADR) is a process that settles disputes without litigation. The whole process of ADR is more faster compare to litigation, usually settle within 6 months. It is a private procedure, settle through outside the court and generally less costly than litigation. Most of the parties may prefer ADR proceeding because it is collaborative and allows parties to comprehend each other’s position. There are 3 types of ADR such as mediation, conciliation and arbitration.
Mediation consists of the help of a third neutral party and act as mediator to help and guide parties reach some mutual acceptable resolution of the dispute toward their own resolution. Mediator has a passive role during the dispute resolvement. Mediators have a goal that was help disputants come to consensus on their own. The role of the mediators is assist parties through communicate with them and listen to both parties . Besides, they need to make sure each of the parties have the chance to talk so that conflict can be lower down. On the other hand, mediator does not permitted decide the dispute, give any legal advice or opinion, has no power to force a settlement and did not have a role in deciding the consequences of the mediation. Furthermore, mediators cannot decide who is right or wrong because the only things of them is finding a solution that everyone can accept with, not making any judgment. They only try to help both parties to come out a resolution that is sustainable, voluntary and nonbinding .