Mediation and Arbitration - Dispute Resolution

Dispute Resolution

Alternative Dispute Resolution

Real Alternatives to Court Proceedings

Recent years have seen an increasing realisation that Court proceedings should be the last resort for resolving many disputes. Parties want to do that and move on and, encouraged by the Courts themselves, they are turning to Alternative Dispute Resolution. In many cases, a winning party in Court proceedings who has unreasonably refused to attempt Alternative Dispute Resolution will not be awarded his or her costs to be paid by the losing party.

Alternative Dispute Resolution takes several forms. Principal among them are Mediation, Conciliation and Early Neutral Evaluation. They rely on an experienced professional assisting the parties to reach an agreement. Arbitration is a confidential alternative to Court proceedings when no negotiated settlement can be reached.

Negotiation

Negotiation should not be ruled out as a means of Dispute Resolution. It demands a determination on the part of the parties to reach agreement. In negotiations, David is focussed and robust in his determination to achieve that on the best terms for his Clients. If negotiations fail, a Mediator can assist in breaking the impasse.

Mediation

In Mediation, a trained Mediator helps the parties to move from deadlock to settlement of their dispute. Because it is the parties’ agreement, it can incorporate what is important to them, even if the Court or an Arbitrator would not have power to award it.

Conciliation

By contrast with Mediation, which is facilitative, in Conciliation the third party proposes a solution.

Early Neutral Evaluation

Less widely used than Mediation, in Early Neutral Evaluation a neutral professional gives an opinion at an early stage of a dispute on the likely strengths and weaknesses of the parties’ cases, to give them a clearer direction for their negotiations.

Bookmark This Site

Suggested Bookmark title, description and tags:
Title: Mediation and Arbitration - Dispute Resolution
Description: Mediation and Arbitration - Dispute Resolution
Tags: mediation, mediator, arbitration, arbitrator, dispute, conflict