Alternative Dispute Resolution
Alternative Dispute Resolution is an alternative to seeking a resolution of
a dispute through Court proceedings. Alternative Dispute Resolution provides
different methods which are usually
more cost effective and quicker than the Court process. Alternative Dispute
Resolution includes:
- Mediation is the process whereby participants are
assisted by a neutral person (mediator) to
- systematically isolate the various disputed issues,
- develop options and consider alternatives,
- reach a consensual and negotiated settlement that will meet their
needs.
The mediator does not impose a solution on the parties, offer suggestions
or give advice.
The mediation process is confidential.
- Arbitration is a process whereby a third person (the
Arbitrator)
- hears the evidence and - imposes a solution.
Arbitration is not confidential.
- Conciliation is similar to mediation whereby a third person (the
conciliator) assists the parties
- to identify the disputed issues
- develop options.
However, the conciliator can have
- an advisory role
- or offer expert advice.
The conciliation process can be confidential if desired by the parties.
- Facilitation is a process of dispute resolution
where the facilitator can offer solutions and provide advice for the
parties to consider. Facilitation process is not necessarily confidential.
- Expert Witness can be provided by Comber Consultants
in the Land and Environment Court and District Court.