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46 ALTERNATIVE DISPUTE RESOLUTION

Reinsurance Practice and the Law

Chapter 46

ALTERNATIVE DISPUTE RESOLUTION

INTRODUCTION

46.1 Originating in the US, alternative dispute resolution (“ADR”) has gained favour in the UK over the past twenty or so years to help avert or curtail formal proceedings to resolve disputes. It involves the private resolution of disputes through a variety of techniques, including three principal methods—mediation, executive tribunal (also known as “mini trial”) and expert determination (or a combination of more than one of these). All are private methods of dispute resolution of varying levels of formality. The fact that most of this chapter will be devoted to describing and discussing various aspects of mediation reflects the reality that in the reinsurance world ADR is often still synonymous with mediation.

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