The focus and goals of
ADR mechanisms are to relieve court congestion, as well as prevent undue cost
and delay, to enhance community involvement in the dispute resolution process,
to facilitate access to justice and to provide more effective dispute resolution.
The types of ADR mechanisms include but not are limited to consultation,
negotiation, facilitation, conciliation, MEDIATION, adjudication and
arbitration.
The ADR UBUNTU
platform will ensure that everyone embroiled in various types of disputes has
access to the benefits and advantages MEDIATION, as an ADR mechanism,
offers when it comes to resolving their disputes cheaply and without delay
outside of a court room.
MEDIATION is a process
where Parties agree to appoint a third party (mediator) to help them
resolve disputes between themselves. The mediator assists and guides the Parties towards
their own resolution. The mediator does not decide the outcome.
The mediator merely assists them, using
skills acquired through training and experience, to diffuse conflict and
explore options for settlement. If the Parties reach an agreement to mediate
via the ADR UBUNTU platform the Registrar will appoint the mediator who will
then assist them to resolve their dispute.
If resolved the mediator
will assist the Parties in drafting and finalizing a settlement agreement. If
the Parties are unable to resolve the dispute, the mediation comes to an end
and the Parties are then be at liberty to either (a) follow the traditional
litigation route through the Courts, or (b) refer the dispute to arbitration
for resolution. The latter being the more cost effective, time efficient and
confidential option to consider.
