Alternative dispute resolution
When direct negotiations fail, alternative dispute resolution offers proven strategies for resolving conflicts without costly and time-consuming legal action.
Alternative dispute resolution (ADR) typically achieves a high rate of success. Some studies show that ADR clients can save up to 95% of the costs they would have outlaid going to court.
In ADR, neutral third-party mediators work with disputing parties to achieve a negotiated settlement in a way that encourages common sense, seeks practical solutions and preserves business relationships.
Mediators help parties find a settlement that is acceptable to both, within a fully confidential process. ADR gives disputing parties total control over outcomes, removing the uncertainty that comes with a court judgement. When parties cannot achieve an agreed settlement, they retain the right to proceed with legal action.
Benefits of ADR
- It imposes fewer costs than litigation.
- It is time-efficient, flexible and confidential.
- A high percentage of cases mediated in ADR settle to the satisfaction of both parties.
- A wider variety of settlement options are available.
- Parties have greater control over the process and outcome.
- Parties are required to employ best-practice professional conduct in discussions and, in doing so, minimise damage to business relationships.
Queensland support for ADR
The Queensland Department of Justice and Attorney-General Dispute Resolution Centres offer a combination of alternative dispute resolution and informal litigation or arbitration processes.
While these processes are not governed by rules of evidence or procedure, you can make resolutions enforceable if you choose, by including statements in your agreement that legally bind the outcomes.
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