35 2 PROTECTION STRATEGIES 2.6 ALTERNATIVE DISPUTE RESOLUTION The Paris Principles state that NHRIs with quasijurisdictional competencies should “seek an amicable settlement through conciliation.”21 Settlements can be achieved through a number of techniques that are collectively called alternative dispute resolution (ADR) techniques. ADR takes place outside the judicial process, and focuses on addressing the human rights concerns of both parties. It is generally less adversarial and less formal than the regular judicial processes. 22 ADR can be particularly relevant in addressing cases that may otherwise not be effectively addressed in the formal system. In some societies, cultural factors, limited understanding of judicial processes, financial restrictions or other factors may limit the extent to which women can access the formal justice system. ADR may serve to offer a broader platform from which to address systemic issues and provide remedies, if conducted in accordance with human rights principles, and in a  context in which any solutions uphold the rights of all parties. On the other hand, techniques like mediation and conciliation should be used cautiously if there is a  history or threat of violence, and every effort should be made to protect the identity and safety of victims and witnesses. Techniques such as shuttle mediation, where the parties do not actually come face to face, should be used in such cases. 21 UN Principles relating to the status and functioning of national institutions for protection and promotion of human rights (the “Paris Principles”), Art. D (1). 22 See National Human Rights Institutions. History, Principles, Roles and Responsibilities, OHCHR p. 93–99. This publication provides concrete advice to NHRIs engaging in alternative dispute resolution. SURVEY RESULTS Approximately 20% of NHRIs indicated that they undertake some form of alternative dispute resolution, mostly on a non-binding or voluntary basis. Example The Estonian Chancellor of Justice can undertake non-binding conciliation proceedings in discrimination cases where the parties agree to the conciliation, and make proposals as to the appropriate resolution of disputes.

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