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Proactive approaches to conflict


Avoid expensive court costs through Alternative Dispute Resolution

As proceeding through the Courts becomes more expensive it therefore becomes less attractive for many people.

There is a focus on settling disputes before they reach the Courts and this is done through Alternative Dispute Resolution or “ADR”.

The ADR options are:

  • arbitration
  • adjudication
  • expert determination
  • early neutral evaluation; and
  • mediation.

Mediation tends to be the most common form as it can apply to a wider range of disputes whereas, for example, arbitration is generally used in construction disputes.

Mediation is a process where the parties agree to appoint a mediator. A neutral individual who can help them negotiate and resolve their dispute in a way which is acceptable to all the parties.

Joint and private meetings are held by the mediator with the parties. This gives them the chance to air their own views in front of the other and on a personal basis. These meetings are used to clarify the issues and challenge the parties. Discussions can help them to test the strength of their cases, to find common ground between them and more importantly reaching settlement.

It is an excellent way to fully establish each party’s case and see how far apart the parties are on any potential settlement.

Not all mediations are successful, but there is more success than failure. Even if settlement is not achieved on the day the lines of communication are opened and the matter may settle in the following days or weeks after the mediation. The parties, by then, have had a chance to reflect on what has happened on the day.

Kidwells have been involved in many mediations and know how to get the best out of them for their client.

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