Fact Sheet on ADR

Fact Sheet on ADR

Different techniques and terminologies may exist

Informal Resolution (IR):

In many instances the first contact an individual has with the NHRI is a telephone call or visit. The person describes the concern to an intake officer and who may resolve the issue right away through a quick phone call or by providing information. IR covers all early and non-escalated forms of 'good offices interventions' to assist in the resolution.

Structured Interventions:

NHRIs use various techniques based on the involvement of a neutral third party who does not impose an outcome, but rather helps the parties find a mutually acceptable solution to a dispute. For the most part, ADR techniques and approaches used by NHRIs come within the "mediation" category of ADR techniques.

(In addition to classic mediation, these approaches often include shuttle diplomacy, facilitation and conciliation, none of which are discussed here, but which contain different aspects of the issues discussed in this fact sheet).

Mediation is a form of ADR handled by an acceptable, impartial and neutral third party who has no decision-making authority. The objective is to assist the parties to reach an acceptable resolution. Mediation is useful in highly-polarised disputes where the parties have either been unable to initiate a productive dialogue or where there is a seemingly insurmountable impasse. Classic mediation is purely voluntary in the human rights context, since few NHRIs can legally force parties into mediation. Settlements often formalised and put into writing, although they may be "off-the-record", depending on the wishes of the parties. Many training programmes are available to teach mediation, and most offer a certificate of completion.

Mediation is typically used early in the investigation process and involves the institution acting as 'third party neutral' in assisting the parties come to a settlement. In some institutions, however, all ADR undertaken uses the mediation approach regardless of the timing. Mediation should generally be structured early in the process, and should be handled by someone other than the person who may later investigate the file if the mediation fails.

Conciliation: Some institutions use conciliation, which involves the institution being a party to and having to accept the results of settlement discussions. Institutions that conciliate tend to have this authority defined in their legislative mandate and to undertake conciliation only after the investigation is well underway, or at the end of investigation. Conciliation rather than mediation is considered necessary at later stages of the investigation since facts will have been established and the institution will likely have formed an opinion on the parties' respective rights.