What processes are available?

ADR processes may be facilitative, advisory, determinative or even a combination of these. 


Following are six avenues available for the client to explore: 

 STEP 2:

 WHICH PROCESS IS

 MOST APPROPRIATE

 FOR MY CLIENT?

When choosing the most appropriate dispute resolution process for your client after understanding the specific details of the client’s conflict situation, a variety of other factors must be taken into account before deciding which ADR process to continue with. 

This page gives a brief description of all the processes available.  Each process is further explained in sub-pages which outlines major factors that may affect the decision in picking that DR process. 

Factors include: 

·      Situations in which that process may be considered

·      Advantages

·      Disadvantages

·      Costs

·      Width of remedies and whether the agreement is binding

·      Governing body

Negotiation:

If a process is sought whereby the client does not want a neutral third party to facilitate or advise in their dispute, you may encourage the client to consider the negotiation process. (Click here for more info on negotiation)


Mediation:

If a facilitative process is sought, you may encourage the client to consider the mediation process, as it uses a variety of methods to assist parties to identify the issues and reach an agreement about the dispute in the presence of a neutral third party. 

This process will be most effective for family disputes or disputes where maintaining the relationship is of paramount concern. (Click here for more info on mediation)


Collaborative Law:

If a facilitative and advisory process is sought, you may encourage the client to consider the  collaborative law process, as it would allow a range of professionals such as legal practitioners and other experts such child psychologists and financial planners to assist parties in reaching a mutually acceptable outcome.

This process will be most effective for family disputes or other disputes such as professional malpractice and construction project issues. (Click here for more info on collaborative law process)


Conciliation:

If an advisory process is sought, you may encourage the client to consider the conciliation process, as it employs a third party neutral to more actively advise the parties about the issues and a range of possible outcomes. 

This process will be most effective for commercial, tenancy, motor vehicle, home building, retirement village and strata and community schemes disputes. (Click here for more info on conciliation)


Arbitration:

If a determinative process is sought, you may encourage the client to consider the arbitration process, as it allows the dispute to be adjudicated by a tribunal familiar with the technical background of the matters in the dispute. 

This process will be most effective for parties to commercial contracts that seek an agreement that is final and enforceable. (Click here for more info on arbitration)


Litigation:

If the client is only concerned with the legal aspects of the dispute and wants to proceed to court then litigation can be explored after all other DR processes have been explained to them. (Click here for more info on litigation)


Please refer to sub-pages for more information.
 

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