4.4 General principles of ADR

Voluntariness: ADR processes are typically voluntary, and all parties involved must willingly agree to participate. No one can be forced into ADR against their will, respecting the parties’ autonomy and choice.
Impartiality and neutrality: ADR processes often involve a neutral third party, such as a mediator or arbitrator, who facilitates the process. These third parties must remain impartial, not taking sides or favoring any party. Their role is to assist the parties in reaching a mutually agreeable solution.
Confidentiality: ADR proceedings are typically confidential. What is discussed during these processes, including settlement discussions and proposals, is kept private. This encourages open and candid communication among the parties.
Informality: ADR proceedings are generally less formal than traditional litigation. They offer a more relaxed atmosphere where parties can engage in open dialogue without the strict procedural rules of a courtroom.
Flexibility: ADR methods are highly flexible and adaptable to the unique needs and preferences of the parties and the specific nature of the dispute. Parties can customize the process to suit their particular circumstances.
Efficiency and timeliness: ADR is often quicker than litigation, leading to faster resolutions. This efficiency can save time and resources for all parties involved.
Cost effectiveness: ADR is typically more cost-effective than going to court. Parties can avoid substantial legal fees, court costs, and other expenses associated with litigation.