Alternative Dispute Resolution is a model whereby disputing parties can come to a realistic conclusion of a problem outside of the courts
. It is a process that was once hotly disputed by many as an unfair an unlawful way to come to a satisfactory solution. However, in recent years it has become such common place that some courts even require some parties to go through ADR in order for their trial to be heard.
The law as a whole is a very complicated thing and within that civil litigation is one of the toughest sectors to get your head around, even without throwing alternative dispute resolution into the mix. So to give a simple explanation here it is broken down into its sections:
Negotiation This is a voluntary limb of ADR at it means just that. The two parties will meet up to negotiate terms one on one without the influence of a third party. This is usually the first stage of the process and more often the not leads onto the next step
Mediation For this stage a third party mediator will enter the dispute in an effort to bring some clarity to the situation. The mediator is not there to impose a solution upon the two parties but will offer a mediators proposal a suggestive resolution to the issue that can often be agreed on.
Collaborative Law This is where the real lawyers come into effect. Each side of the dispute is represented by a solicitor who aid in the process of obtaining a solution in a heavily contracted meeting between the two sides. Just like in mediation no resolution is imposed while a solution is dug out between the two parties with the legal aid. This is a formalised process that is run through the courts making it more like a legal process with alternative dispute resolution theories driving it.
Arbitration This again is a voluntary move, however there is a third party present and it is their duty as the arbitrator to impose a resolution upon the two parties. The vast majority of arbitrations come about due to a clause known as the Scott Avery Clause. This is where two parties of a contract sign a document detailing their desire to solve any contractual disputes by way of arbitration.
ADR is a difficult process to get your head around; however it is always a more advantageous option for both sides than bringing the courts into proceedings, as this takes up valuable time and money for everybody involved.