Are you someone that is involved in a dispute and is looking for alternative dispute resolution and ways that it can be resolved outside of the courtroom?
If so, you may be experiencing some anxiety over this process and the dispute as a whole, which can make this search that extra bit difficult.
Litigation can be very effective. It can be a clear-cut way to discuss a matter and have it resolved without too much arguing and in a heavily controlled environment.
That being said, it is certainly not for everyone, and it is something that is generally avoided by civil lawyers.
This is because it is an expensive and lengthy process, with little to no room for flexibility, discussion, and debate by the parties themselves.
This is why several alternative dispute resolution methods exist and are used often by lawyers and disputing parties.
In this article our litigation lawyers will discuss several great alternative methods of resolving a dispute outside of court and how each works and may look for you and your matter!
Are you looking for alternative dispute resolution? Be referred to litigation lawyers on the Sunshine Coast
Alternative Dispute Resolution – Mediation
The first alternative dispute resolution method that we will explain is mediation.
Mediation occurs when a third party, known as a mediator, oversees a discussion between the disputing parties with the intention of reaching a mutually beneficial solution.
The mediator’s role is not to come to a decision for the parties but to dissolve conflict and argument and guide the conversation with questions and discussion topics.
This can be a very successful route to resolving a dispute and is one of the most common choices used by parties looking for an alternative route to resolving their issue.
It offers a lot of flexibility for parties, for one. Some people benefit from a decision being made for them, while some like to make one for themselves, which is what mediation allows to happen.
If there is a lot of tension or arguments occurring within your dispute, which is common, this can also be helpful.
Alternative Dispute Resolution – Arbitration
Another alternative dispute resolution method and great way that you can settle your dispute outside of a courtroom is with arbitration.
Arbitration is another method that is often used and is very effective in resolving a matter but in a slightly different way than mediation.
Arbitration occurs when a third party, known as an arbitrator, engages in a discussion about the details of the dispute with the two parties, before coming to a formal decision about what both parties should do that must be abided by.
This is similar to mediation, in the way that the matter will be discussed, and a decision will be made, but differs in the way that a decision is enforced by the third party rather than the parties themselves.
This method is great for those who don’t believe that they can make a decision about the matter in a fair way on their own but don’t want to attend court for whatever reason.
As said earlier, some people simply need the security that is provided by an agreement that must be followed, which is not the case in mediation, and is made by an impartial third party!
Alternative Dispute Resolution – Negotiation
Another alternative dispute resolution method and great way that you can settle your dispute outside of a courtroom is with negotiation.
Negotiation occurs when the two disputing parties come together and have a discussion that focuses on a little bit of giving and a little take on both ends.
This can be another very effective way to resolve a dispute when the parties are on speaking terms or are able to make a decision together without total chaos occurring!
It is generally the most affordable option too, as the only party that is paid are lawyers if you choose to have them, rather than paying the fees of mediation or arbitration (which are both still generally cheaper than court fees)!
Negotiation is also a very simple way to have the matter resolved and be over with it, rather than having to deal with the general process of the involvement of a third party.
Lawyers will generally recommend negotiation as a first option and resolve to others if this process fails.
Alternative Dispute Resolution – Collaborative Law
Another alternative dispute resolution tactic and great way that you can settle your dispute outside of a courtroom is with collaborative law.
This process occurs when the parties are guided in a discussion by their trained attorneys, who will represent their clients and fight for their needs.
Rather than battling it out, however, the attorneys will work together to come to a decision that both identifies the individual goals of their clients to reach a mutually beneficial agreement. Collaborative law may also involve professionals from other fields, such as financial consultants or therapists, to help to guide the matter through the best it can be managed.
This type of dispute resolution is best suited to those who want the matter to be dealt with smoothly and effectively and those who have some sort of emotional investment in the results of the matter.
This is why it is preferred by those involved in family law, such as custody battles or divorces, who will want the matter dealt with with the utmost decency.
Mini Trials As an Alternative to Court
Another alternative dispute resolution tool and great way that you can settle your dispute outside of a courtroom is with a mini-trial.
Mini-trials are used as ADR in Australia, although they are not as common as some other forms of ADR, such as mediation. Mini-trials are a relatively new form of ADR in Australia, and their use is still evolving.
A mini-trial occurs when the disputing parties gather with an impartial advisor or panel of third parties, who will guide the matter through the trial process without necessarily providing a concrete decision that must be followed.
This is essentially, as the name suggests, a smaller, test version of litigation.
This is best suited for those who are considering engaging in litigation but are unsure if it is the best option and are unwilling to find out the difficult way.
Litigation is a final decision, after all, so once it occurs it cannot be undone.
A mini-trial can provide the disputing parties with some important insight into the perspective of the other party or the way that their matter may look in a real trial.
It can also help the parties to come to a decision on their own!
Key Takeaways
Resolving a matter both inside and outside of court can be difficult.
However, the expenses and resources, along with several other features, associated with litigation can make it less than favourable to disputing parties, which is why alternatives exist.
Before deciding on a method of alternative dispute resolution, do some research of your own and consult a lawyer, so that you can make a decision that suits your matter best.
Are you looking for alternative dispute resolution? Be referred to litigation lawyers on the Sunshine Coast
10 FAQs and Answers about Alternative Dispute Resolution
If you are considering using alternative dispute resolution (ADR) to resolve your dispute, you may have some questions.
This FAQ section provides answers to some of the most common questions about ADR.
What is alternative dispute resolution (ADR)?
ADR is any method of resolving a dispute outside of court. It can be used to resolve disputes of all kinds, including business disputes, family disputes, and personal injury disputes.
What are the different types of ADR?
There are many different types of ADR, but the most common are mediation, arbitration, negotiation, and collaborative law.
What is mediation?
Mediation is a process in which a neutral third party, known as a mediator, helps the disputing parties to reach a mutually agreeable solution. The mediator does not make any decisions for the parties, but instead helps them to communicate effectively and to explore their options.
What is arbitration?
Arbitration is a process in which a neutral third party, known as an arbitrator, hears the evidence and makes a binding decision on the dispute. The arbitrator’s decision is typically enforceable in court.
What is negotiation?
Negotiation is a process in which the disputing parties communicate directly with each other in an attempt to reach an agreement. Negotiation can be formal or informal, and it may involve the assistance of lawyers or other professionals.
What is collaborative law?
Collaborative law is a process in which the disputing parties and their lawyers work together to reach a mutually agreeable solution. The lawyers agree not to go to court unless all else fails.
Which ADR method is right for me?
The best ADR method for you will depend on the specific circumstances of your dispute. Some factors to consider include the nature of the dispute, the relationship between the parties, and the desired outcome.
How do I choose a mediator or arbitrator?
When choosing a mediator or arbitrator, it is important to consider their experience, qualifications, and neutrality. You may also want to ask for recommendations from friends, family, or professionals.
How much does ADR cost?
The cost of ADR varies depending on the type of ADR used and the complexity of the dispute. However, ADR is typically less expensive than litigation.
What are the benefits of ADR?
ADR has many benefits over litigation, including:
- It is typically faster and less expensive than litigation.
- It allows the parties to have more control over the outcome of their dispute.
- It can help to preserve relationships between the parties.
If you are involved in a dispute, consider ADR as an alternative to litigation. ADR can be a more efficient, effective, and affordable way to resolve your dispute.
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