Why Choose Dispute Resolution In Australia? December 19, 2022

If you have a dispute with another person or a company, it is a good idea to consider all alternatives before pursuing litigation. One alternative is alternate dispute resolution (ADR).  (ADR allows parties in dispute to work through disputed issues with the help of a neutral third party. ADR is generally faster and less expensive than going to a contested hearing. Keep reading to learn more about alternative dispute resolution in Australia and find out if it is the right solution for you.

What is Alternative Dispute Resolution?

ADR is the process of working through and resolving a dispute with the help of an independent third party. ADR is a great way to deal with an issue before running a potentially costly trial. A practitioner may use many different processes to help resolve a dispute.

What is an ADR practitioner

ADR practitioners are trained to help you and the other party or parties arrive at a solution. The role of the practitioner changes depending on the specifics of the situation. The two most common forms of ADR are arbitration and mediation.

Mediation

In mediation, the ADR practitioner plays the role of mediator. They aim to help the parties reach a mutually acceptable resolution. A mediator isn’t permitted to make any decisions or offer legal advice; however, they can use specialist knowledge to present relevant information to those involved. A mediator’s primary purpose is to help those involved explore options for settlement with the parties and attempt to broker a deal between them. 

Arbitration

In arbitration, the ADR practitioner can make a decision to resolve the dispute. The arbitrator hears out each side of the dispute and then issues a legally binding ruling on how it should be resolved.

The Benefits of using ADR

So why choose ADR? There are a few benefits to dispute resolution in Australia. ADR tends to have a much more flexible structure than a contested trial, and ADR can customise the process to suit the issue. ADR is self-directed; parties can choose the ADR practitioner. This option differs from a trial in which a judge is appointed to oversee proceedings, and you often have no say in the matter. ADR can also be a lot more cost-effective.

Need help with ADR?

With highly skilled lawyers, the team at marshalls+dent+wilmoth can help you navigate your issues. We have you covered We make every effort to resolve disputes early by mediation or dispute resolution processes where possible and, if not, then by way of litigation. We are well-placed to protect your interests through the court process. We provide excellent legal services in various personal and business matters.

If you want cost-effective, personal advice with excellent communication and advanced legal know-how, get in touch with us today!