Dispute Resolution

Outline of Processes

ADR processes are divided into two main categories:

Consensual processes (where the parties reach agreement on their own with the assistance of a third neutral party), and
Adversarial processes (where the dispute is determined by a third party).

Consensual Processes

These processes are most suitable where a dispute of interests is involved.

Conciliation

Conciliation is a form of assisted negotiation in which a third party (the Conciliator), assists the involved parties to reach a settlement of the dispute. This may involve meeting with the involved parties separately to clarify the issues in dispute, their positions, needs and interests. Options are then identified by the third party, and a solution is may also be recommended for consideration (when appropriate).

Mediation

Mediation allows the involved parties and a neutral third party (the Mediator), to work together to bring a better understanding of the background facts and issues in dispute, identify possible solutions and, hopefully, reach agreement. The Mediator acts in a neutral way to assist the parties but does not make the final decision which is the prerogative of the parties.

Adversarial Processes

These processes are most suitable where a dispute of rights is involved.

Independent Expert Review

Independent Review is a process where the dispute is referred for reviews to a mutually acceptable third party, who is usually an expert in the subject matter of the dispute, and who either makes a recommendation or a binding decision.

Arbitration

Arbitration is an adversarial process which is governed by the Arbitration Act 1996. This process involves the parties (or some neutral party) agreeing on the appointment of one or more persons to act as an Arbitral Tribunal to hear the dispute and to issue a determination as to its resolution. Usually it is only possible to appeal to a Court on a point of law.