Thousands of people from New South Wales are moving towards the alternative way of resolving disputes on a yearly basis. They have used the alternative dispute resolution to resolve legal issues from small debts, neighbor disagreements, up to large commercial disputes. If you are looking to take the less hassle road to resolve your legal issues, seeking the help of an impartial mediator would help. If you are not familiar with this process, you should read on and find out about what dispute resolution is.
What is Dispute Resolution?
Dispute Resolution or Alternative Dispute Resolution (ADR) is a series of processes undergone by an impartial mediator or facilitator to help resolve legal disputes. The word “alternative” indicates that this dispute resolution is undertaken outside the walls of the courtroom. The decision will not be facilitated by a judge or a magistrate.
Types Of Alternative Dispute Resolution
Both parties having a dispute can seek the help of a solicitor to help resolve the dispute. However, you should be familiar with the types of ADR that you can have. You can either choose mediation, conciliation, or arbitration.
A mediator will facilitate the resolution process by giving assistance to both disputing parties. He will assist both disputing parties in identifying the issue, developing options, and considering of alternatives. The mediator, however, cannot give his personal opinion on the matter or play a role in the decision making process. He is there to assist and facilitate the resolution. The session will happen face-to-face with all parties present, but both parties can request for a separate session with the mediator. This process can either be voluntary, court ordered, or required as mandated in the contract.
The third party involved in this ADR process is called as the conciliator. He will also assist both parties to identify the issue and come up with a resolution agreeable to both. The conciliator may have expertise pertaining to the issue at hand, and may provide options to the parties involved. This ADR process is also held face-to-face with both parties present. However, both parties can opt to have a separate session with the conciliator.
The parties involved in the dispute will have the chance to present their cases and evidence to an impartial third party called the arbitrator. This ADR process is used to determine the resolution to a highly technical dispute. This is more formal and structured compared to the aforementioned two processes. However, the main difference of this process from the two is that both parties have to agree beforehand that the arbitrator’s decision is binding. This process can also be voluntary, ordered by the court, or required by contract. Alternative Dispute Resolution (ADR) is useful for people seeking a quicker, more flexible, cheaper, and less stressful way to resolve a dispute. More and more people are seeking the help of mediators, conciliators, and arbitrators in NSW because of its advantages. Whatever your situation, you can always seek help from unbiased third parties, and resolve your problems in the quickest time possible. Contact Solicitor Marilyn Rossides to see how ADR can work for you in your situation.
What You Need To Know About Dispute Resolution
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Giles Payne & Co.
506 Bunnerong Road
Matraville NSW 2036
PO Box 70
Matraville NSW 2036
+61 2 9311 1295