Why Alternative Dispute Resolution?
ADR IS QUICK AND SAVES TIME AND STRESS
With ADR, you can resolve your dispute in a shorter amount of time as compared to the court process – where a case could take years before a trial and then a judgement. At SHAW Dispute Resolution, we can confidently see the whole resolution process taking between three weeks to six months, depending on the nature of the conflict, allowing you to move on with your life faster. With a single entry point we help you to organise the whole process at dates and times to suit you.
ADR PUTS YOU IN CONTROL
ADR allows you to negotiate informally on a level playing field, in a safe environment, identify the topics you can agree on and then agree how you want to resolve what is left. You decide on the topics to be resolved and how. You are empowered to make the decisions about how and when your dispute or case is resolved and on what basis. This will have a more lasting resolve on the conflict compared with court rules and orders imposed on you. You decide the where, when, who and how of dispute resolution. You don’t have to wait for judicial officers to be available to move forward. You don’t have to wait for an unknown hearing date. You decide everything about the process, and most importantly you keep control of your business, relationships and life.
ADR IS COST-EFFECTIVE AND SAVES YOU MONEY
Since ADR resolves conflicts faster, it is also more affordable. It spares you the need to pay for years of legal fees to comply with court proceedings and trial fees, since you will only need to pay for the services of the SHAW Practitioner and the legal advice you use from the lawyer of your choice. It is inexpensive compared to the cost of the litigation process.
ADR IS FUTURE-FOCUSED
ADR is the chance to be heard and listened to about what needs to be resolved and how. At SHAW Dispute Resolution we provide safe dispute resolution pathways, focused on you achieving resolutions, everyone can live within a reasonable agreed timeframe. By letting you take the front seat in the discussion and encouraging you to generate options and consider alternatives about how you resolve your dispute, ADR promotes working together to achieve a preferred transparent process. Dispute Resolution without courts provides a long-lasting agreement, so you can move forward and focus on what matters to you.
ADR PRACTITIONERS CONSIDER ALL THE RISKS
Our practitioners are dispute resolvers and are insightful when it comes to problem solving. They are legally trained and ask the difficult questions, identify the real issues and clarify all concerns prior to decisions being made. We want to address and clarify with you and your legal advisors the issues in dispute, the outcomes you want to achieve and how you want to resolve your case.
ADR OFFERS PRIVACY
At SHAW Dispute Resolution, privacy is important to resolving disputes and we communicate with everyone professionally and the process takes place in agreed preferred private venues and locations. Your communication is initially with our Dispute Resolution Co-ordinator so as never to jeopardise the integrity of the dispute resolution process and the appropriate transparency and procedural fairness for everyone. Privacy can be a very important term of the whole ordeal, from the location, to the outcome of the dispute. The outcomes also remain private. It is not published or accessible to others without your knowledge and consent. Private outcomes encourage open and frank discussion and agreements and allow people and businesses to keep their reputation intact.
ADR PRESERVES RELATIONSHIPS
For both commercial and personal legal disputes, ADR is often the best alternative where relationships need to be preserved. The practitioner levels the playing field and protects you from hostility and aggression, clears the air, clarifies the real issues while promoting collaboration, respect and kindness to achieve a resolution using the process that you choose, allowing you to end disputes on the best terms possible.
ADR IS BENEFICIAL FOR SOLICITORS
ADR provides additional business for solicitors, as your legal services are needed before and during the dispute resolution process for your clients to make the most informed and smart decisions. SHAW Dispute Resolution recommends that everyone with a legal dispute consult their lawyer before and during their preferred dispute resolution process. As their lawyer, you need to prepare, advise and guide them through the dispute resolution process as well as how to move on once decisions are made. This is not to mention the good rapport and reputation you will have by resolving disputes for your clients without courts.
ADR RESULTS IN LASTING AND MORE ROBUST AGREEMENTS
You are the one who knows what you want and you are the one who decides what you will accept to resolve the dispute. In ADR you have the opportunity to craft the terms of dispute resolution that uniquely suit your needs. If you do that, then chances are everyone will stick by the process to the end.
Forms of Alternative Dispute Resolution
Mediation – Mediation is a voluntary, alternative form of dispute resolution and facilitated discussion, where people in conflict come together in a safe and fair environment to try and settle disputes with the support of an independent third party – the mediator. Mediation is appropriate for commercial, workplace, contracts, council, personal and domestic disputes whereby all the parties are willing to come to the mediation, in good faith and genuinely want to resolve the dispute.
FDR – FDR is just for parents about parenting the children and their support and well being. Married and de facto couples separating are obliged to try Family Dispute Resolution (FDR) after separation to resolve parenting concerns for their children before resorting to Court and litigation. FDR is a process to help parents consider and agree on the future lives of their children and family and decide how the future will be for them all.
Arbitration – Arbitration is a dispute resolution process that is similar to a mini trial in Court, where people in conflict agree to refer the final decision to a mutually respected independent third party – the arbitrator. Arbitration is commonly used if the lawyers are not recommending or supportive of mediation for whatever reason. It is also the logical next step following a mediation where not all the issues were agreed upon.
Thank you to Ali and your team for your prompt actions in organising the mediation. I have received amazing feedback from those involved about Ali’s calming but methodical approach to ensuring that everyone had the opportunity to be heard, raise their concerns and come up with solutions. I am confident that with Ali’s help we have put in place a plan for future success. Thanks again for helping us work through the issues and get this great outcome for all.Tori, People Vision (for Skycity)