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Alternative Dispute Resolution

Alternative dispute resolution (ADR) offers dispute resolution processes as an alternative to going to court.

If you are considering using ADR the Law Society advises you to consult a solicitor. He or she will be able to advise you about the best options for your issue.

Negotiation

Negotiation is an informal means of resolving a dispute, whereby the people involved communicate directly with each other to try and reach an agreement. Negotiations can be conducted with or without the assistance of a third party, such as a solicitor.

Negotiation should be seen as a first step in resolving a dispute. If this method fails, other types of ADR should be considered.

Mediation

Mediation is a means of resolving a dispute whereby a neutral person, the mediator, helps the disagreeing parties reach a solution during a confidential, face-to-face meeting. The mediator helps the parties clarify the disputed issues and identify possible options but does not impose a decision. It is not the mediators function to give legal advice to the parties.

Mediation is useful when the parties are prepared to negotiate in good faith and work towards a mutually satisfying compromise.

Read about the Law Society Mediation Program.

Early Neutral Evaluation

Early Neutral Evaluation (ENE) is method of resolving disputes, whereby the parties refer their disagreement to an independent, neutral evaluator, who provides them with an assessment of the likely result if the matter went to Court.

The Evaluator does not act as a solicitor for either party. He or she remains at all times independent and neutral. The process is confidential. Unlike mediation, the parties are not expected to negotiate their own settlement and they do not have to attend an evaluation session together.

Read about the Law Society's Early Neutral Evaluation Program.

Arbitration

Arbitration is a formal way of resolving a dispute in which the opposing parties present their case to an independent third person, the arbitrator.

After hearing the opposing cases and evidence, the arbitrator then makes a determination. 

Contracts often specify that arbitration be used if a dispute arises.

Arbitration is used in a variety of areas, such as industrial relations and union disputes. 

Expert Determination

This is an alternative procedure for the resolution of disputes based upon the decision of an independent third party, the Expert.

The parties agree to be bound by the expert’s determination.

Read about the Law Society's Rules for Expert Determination.