9.6.1.5 Alternate Dispute Resolution

In the early stages of an NHRI's development, staff are usually trained on ADR and will try to settle cases. However, they will rarely have a structured early resolution process, and this should be an area of attention as the NHRI grows in maturity. For a brief overview of ADR, please see Chapter 8.

In assessing the capacity of NHRI, the first question to ask is whether ADR is actually occurring? How many cases are selected for settlement attempts? What are the success rates?

In assessing the work of the intake staff, for example, one should determine whether they are doing as much as possible to assist complainants to resolve cases quickly and at an early stage, where this is possible and appropriate (certain types of cases such as those involving core protection issues are not generally suitable for ADR). This may involve, for example, mediation at the front end of the investigation process that will encourage the parties to come to a mutually acceptable resolution themselves, with the assistance of a neutral third party.

Experience suggests that up to 30% or more of cases might be resolved in this manner. Clearly this represents a significant 'savings' to the institution since those cases might otherwise have had to be investigated; it also represents a 'savings' to the parties who can free themselves from the adversarial nature of complaint investigation.

Annex 7: ADR Assessment Checklist