ABSTRACT

The Alternative Dispute Resolution (ADR) movement which, in its entirety, represents a model of consensual dispute resolution, developed in the United States in the 1970s in the area of civil and political law. It began as an attempt to find a practical way to relieve the workload of the courts. Its main feature is the presentation of a new systemic administrative approach that offers mechanisms alternative to those of the judicial process for the purpose of handling disputes and resolving them. 1 A central mechanism, presented as a clear alternative to the judicial process as part of alternative processes, is mediation, a voluntary, confidential process in which a neutral person (who does not have to be a lawyer), serving as a mediator, assists disputing parties in identifying and discussing issues of concern, exploring various solutions and guiding parties towards a settlement that is mutually acceptable to them. 2