ALTERNATIVE DISPUTE RESOLUTION

How To Choose ?

Here are some of the factors you should consider. You may also need legal advice to decide which ADR process is best for you.

• Is your dispute covered by specific legislation such as Workers Compensation which specifies how you must resolve it ?

• Does the area of your dispute (eg Building & Construction) make available to you a special process such as Adjudication ?

• If you have a contract with the other party is there a Dispute Resolution Clause in it that specifies how you must resolve disputes ?

• Can you reach agreement with the other party on the form of ADR you want to use (e.g. Mediation or Arbitration etc.) ?

• If you choose Mediation then the process will concentrate on allowing each side to understand where the other is coming from and jointly working out solutions to their problems

• If you choose Arbitration then the Arbitrator will listen to both sides, evaluate the evidence they present and then decide who must pay what to whom

• You can also choose a combination of the above in the form of "Med-Arb"

 

Whatever process is used, the arbiter you choose to conduct it will provide common guidelines as to what the participants must do

 

DISCLAIMER: Information on this website is offered as general information only; it explicitly does not comprise legal advice

 

 

 

 

 

 

 

 

 

THE HELP FACTORY