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.
New fees for alternative dispute resolution
As of 1 January 2011, requests and referrals for Presidential appointment of an arbitrator, mediator, valuer, expert or independent solicitor will incurr an administration charge.
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 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.
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.
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 Expert Determination Program.
Appointment of an Independent Solicitor
Solicitors or parties may request the appointment by the President of the Law Society of an independent solicitor to act on the sale of former matrimonial property pursuant to the relevant Terms of Settlement or Consent Orders.
Collaborative Law is designed to focus on resolution and minimise conflict. Parties to a dispute and their solicitors agree to make an attempt to reach a mutually acceptable settlement without going to court.
Read more about collaborative law here.
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