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Alternative Dispute Resolution
Traditionally the most prevalent form of formal dispute
resolution has been litigation. However litigation can be
very expensive and time consuming. In addition, because the
process can be quite formal (and somewhat adversarial) there are
limited opportunities for the parties to get together to see
whether they can reach a resolution without going to a hearing.
For these reasons a number of alternatives/supplements to
litigation have developed. Because they offered alternatives (or
enhancements) to the standard litigation process they became known
as alternative means for dispute resolution (or 'ADR').
Forms of ADR can include:
- Arbitration: Arbitration is an alternative to
litigation in which the Judge is replaced by an expert arbitrator
selected by the parties.
- Mediation: Mediation is a consensual process
whereby the parties to a dispute get together in order to discuss
their grievances and attempt to settle them with the assistance of
a third party (the mediator).
- Negotiated Settlements: A negotiated
settlement is very similar to mediation except that a mediator is
not used.
- Judicial Settlement Conference: Judicial
settlement conferences are an initiative by the Department for
Courts to facilitate discussion between litigants in an attempt to
reduce the number of cases which ultimately go to trial and
increase parties' perceptions of access to justice.
Members of the James & Wells Litigation team have extensive
experience in all forms of alternative dispute resolution and, as a
general rule, favour exploring all options for settlement before
proceeding to a hearing.