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Alternative dispute resolution (ADR) refers to methods of dispute resolution that are an alternative to litigation. ADR methods are split into determinative and non-determinative processes. Determinative processes are those in which there is a binding outcome that the parties are bound to, whereas non-determinative processes are those where the parties are only bound if they reach an agreement themselves. Examples of each are set out below.
This note focuses on arbitration as the determinative process and mediation as the non-determinative process.