ALTERNATIVE DISPUTE RESOLUTION (ADR) OPTIONS
If you have progressed this far through the checklist it should by now be apparent that an alternative dispute resolution (ADR) approach would be beneficial for the resolution of your dispute.
There are a large number of ADR methods which may be appropriate depending upon the particular circumstances of your dispute, including mediation, assisted negotiation, inter-mediation, facilitation, expert determination and partnering.
The information below will assist you to select the most appropriate ADR method for your dispute. If in any doubt you are welcome to contact Mediate Today for an obligation free, no charge consultation.
| SELECT ASSISTED NEGOTIATION |
If ongoing negotiations are deadlocked or bogged-down over sticking-points, which a joint negotiator/mediator may help resolve. |
| SELECT MEDIATION |
If you are willing to work with the other party, with the assistance of a mediator, to identify issues, develop options, and try to reach an agreement. |
| SELECT INTER-MEDIATION |
If the dispute is relatively large, complex or sensitive and would benefit from independent analysis, reality testing, a fresh perspective and creative input. |
| SELECT FACILITATION |
If there are many parties or groups involved and many issues in the dispute. If there is a need for assistance or independence in the exchange of information, agenda setting, communication processes or the chairing of meetings. |
| SELECT EXPERT DETERMINATION OR RECOMMENDATION |
If the dispute involves technical issues, such as standards, compliance, quality specifications, quantification of loss or similar issues and would benefit from independent expert advice, determination or recommendation. |
| SELECT PARTNERING |
If a long-term working relationship and/or mutual goals are at risk. If there is a major project that must be completed within a tight timeframe and with minimum disruption. If it is important to maintain trust and effective communication in the working relationship. |
If you find yourself in a dispute that is threatening to damage your business you should seek independent advice. Most small businesses in legal disputes consult a solicitor. This page offers you some questions to ask your solicitor about ADR.
QUESTIONS FOR YOUR SOLICITOR
- I've read the Small Business Information Kit on Alternative Dispute Resolution and I believe my dispute can be resolved by one of the ADR options referred to; what option do you think is the most suitable for my dispute?
- If your solicitor disagrees that ADR is suitable then ask, "Please give me your reasons why none of the ADR options referred to in the Kit are suitable".
- If your solicitor advises you that Court proceedings (litigation) is the best option for resolving your dispute, then ask:
- What are your reasons for supporting litigation?
- What are your estimated legal fees and disbursements and barristers fees?
- How long will it take to get my dispute heard by the Court and in which Court?
- Will my case involve a lot of preparation work which could take up a lot of my business time and resources?
- Are you confident I'll win my dispute if it goes to Court. Are my chances better than around 70%?
- If I lose the case, how much will it cost me - my legal fees and the other party's costs and what impact could it have on my business?
- If you were in my shoes and wanted to get on with developing a business, what would you do with the dispute - try ADR first and if it doesn't work then litigate, or go straight to litigation?
Note: It is recommended that if your solicitor advises you that litigation is best for resolving you dispute, that you should ask for a letter of advice from your solicitor setting out his/her supporting reasons, your likely costs, your chances of success and when the matter is likely to come before the Court.
If you are still unaware of the most appropriate dispute resolution method, or if you would like to obtain additional information on any of these options, Mediate Today can provide advice.
Contact Mediate Today here.