What is Alternate Dispute Resolution?
Alternative Dispute Resolutions (ADR) is an umbrella term for issue resolving processes that do not involve court in which an impartial person assists those in a dispute to resolve the issues between them. Two of the most common forms of ADR are mediation and arbitration.
What is Mediation?
Mediation is a facilitation of without prejudice, non confrontational discussions between parties with the aim of the parties who are involved in a dispute reaching a resolution. The discussions are chaired by a mediation, who is impartial to the dispute. The mediator does not impose a final decision on the parties, instead the mediation resolves by the parties reaching an agreed settlement.
What is Arbitration?
Arbitration is a more formal process. Arbitrations are presided by Arbitrators who ultimately do make a final decision. Arbitration is a quasi court process ultimately presided by the Arbitrator. The advantage of Arbitration is that it is often quicker, cheaper and more accommodating to the parties.
How can ADR benefit me?
There are a number of benefits that ADR can provide that traditional litigation does not, such as:
- proceedings are confidential;
- the issues are resolved on neutral grounds;
- ability to appoint an arbitrator or mediator with specific skills and expertise; and
- cost effective.
How can I use ADR?
Alternate Dispute Resolution should always be considered and undertaken with appropriate legal advice.
At HHG Legal Group we can provide cost effective support, assistance and representation throughout the entire Alternate Dispute Resolution process.
This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office at firstname.lastname@example.org or call us on 1800 609 945.