Annex 7: ADR Assessment Checklist

This checklist will provide a quick overview of key areas to assess in the context of alternative dispute resolution.

√ Does the NHRI have an ADR program?

√ Is ADR structured so it is part of the case design flow and in particular is resolution or mediation attempted regularly in appropriate cases?

√ Is mediation undertaken by a person other than the investigator? (in order to maximise the chances of success and not to prejudice the investigator's later work if the mediation fails, the mediation should be undertaken by someone other than the investigator)

√ Have staff received adequate training?

√ Has the ADR process been evaluated or assessed by parties and stakeholders, by inviting them to share their overall satisfaction with the process?

√ Is the ADR voluntary? (Only NHRIs with a legal statute authorizing mandatory mediation may force the parties to mediate)

√ What is the take-up rate of ADR? If much fewer that a third of eligible cases are fully investigated without even attempting ADR, there may be a problem

√ What is the success rate of mediation? Structured voluntary mediation with a successes rate below 50% requires re-evaluation and analysis.