Why use ADR?

Usually ADR reduces the time and cost of resolving disputes.  It can also maintain, and sometimes improve, the relationship between the parties.  ADR can also help parties deal constructively with the emotions which are usually generated in disputes.

 

What types of disputes can you resolve with ADR?

ADR can be used in the range of disputes between:

• Two or more individuals – staff, supervisors, managers, executives,
• Staff and their supervisors or managers,
• Workgroups,
• Employers & unions,
• Business partners – with customers, suppliers, within a supply chain,
• Executive Committee or Management Team members,
• Board members. TOP

 

How do I know which process I need?

The choice of process includes factors like:

• How protracted the dispute has become;
• How much time there is to resolve the dispute;
• How much money the parties want to spend;
• How much control the parties would like over the outcome;
• Whether neutral third parties are involved or not;
• The desire of the parties to maintain a relationship at the end of the process.

We can help you select the most appropriate process for your situation; we can give you options with costs, risks and benefits and allow you to make the best decision for you. TOP

 

How do I arrange it?

Generally, one party will contact us and we will discuss the situation with all parties in order to select an appropriate process, and then to set up the resolution.

Both parties have to agree to our terms before we undertake any process of resolution. TOP

 

How long does it take?

This depends upon factors like – the nature and extent of the dispute, which ADR process is selected, the goodwill of the parties, and the time that the parties have to devote to the process.
 
In some cases, two to three hours maybe is all it takes.  For a multi-party dispute that has already been protracted and where the issue is contentious, it may take a week or more to resolve. There is no time formula which can be successfully applied in ADR as it involves people and the unpredictable qualities of human nature. TOP

 

How much does it cost?

For a small dispute that can be efficiently resolved, the cost may be as little as $1,000.  More complex, multi-party disputes may cost ten times this amount to resolve successfully.  There may also be the associated costs of hiring a suitable venue in which to conduct the process confidentially, and the costs of travel and accommodation.

The real issue is achieving a durable outcome that parties will accept and a solution that is practical and can be implemented by all parties concerned. TOP

 

What if it doesn’t work?

Sometimes the timing of the resolution process may be wrong.  Perhaps emotions are running too high, or the initial process uncovers information that was not known at the commencement of the process.  It may be that a “cooling-off” period is a wise move, in which case the process can be restarted at a later stage.

In some cases, the process which has been initially selected by the parties may not work.  For example, perhaps mediation is tried unsuccessfully and the parties choose to have the matter arbitrated.  In which case, the resolution will recommence using arbitration at a time that is convenient for the parties and they may also then want legal representation.
Of course, at any time the parties can opt out of ADR and choose to litigate their dispute, incurring the costs, risks and delays associated with the litigious process. TOP