It involves trying to reach an agreement in which an impartial person called an ADR practitioner or Alternative Dispute Resolution practitioner, assists people involved in a dispute and works to resolve the issues between the parties.
These dispute resolution processes may be advisory, facilitative, determinative, and in some cases there’s a combination of them.
- In a facilitative process like mediation, the alternative dispute resolution expert (usually a barrister) uses multiple methods to address the issues and work to find a resolution to that dispute.
- In advisory processes like expert appraisal or conciliation, the person will advise the parties about the various issues and the range of outcomes that may be possible.
- In determinative processes like arbitration, there are more formal techniques used to inform the arbitrator so an award can be determined which will resolve the issue at hand.
ADR Alternative Dispute Resolution
In Australia currently there’s no uniform legislative framework for alternative dispute resolution operation. There are many laws which govern alternative dispute resolution operations in the different Australian jurisdictions. In all jurisdictions there are Commercial Arbitration Acts that define commercial arbitration conduct.
Our network of dispute resolution lawyers have developed specialised negotiating strategies that help resolve commercial disputes. They have experience and are experts to representing our clients in expert determinations, negotiations, mediations and other ADR techniques.
Our alternative dispute resolution lawyers combine ADR skills with litigation skills to achieve positive outcomes for clients.
The Types of ADR – Alternative Dispute Resolution
You and the solicitor will meet with the other parties along with their solicitors and you’ll address the issues.
The mediator is an independent person which helps the parties work out the issues in a dispute and then finds a solution that everyone can agree to.
This is similar to mediation. There’s an independent person called the conciliator that helps the parties involved in a dispute work out issues so there’s a resolution to the dispute.
The conciliator is usually an expert in the dispute subject. They work to find a solution to the dispute and are actively involved in finding the best solution. They look at weakness as well as strengths of your arguments, but don’t actually resolve the dispute for you.
You Have Control of the Outcome
There may be a tribunal or a court that can order you to try for a conciliation before nay trial occurs. Under the terms of a contract conciliation may be required to resolve disputes. In other cases, conciliation is voluntary so there’s no forcing the other party to any conciliation or alternative dispute resolution.
The parties involved pick an independent person called the arbitrator who acts as the judge. The arbitrator will make a decision which is legally binding and final for both you and the other parties involved.