Arbitration and Alternative Dispute Resolution (ADR) Consulting
Alternative Dispute Resolution (ADR) is a set of dispute resolution processes for finding a solution of the parties' own devising. It is an alternative to both arbitration and litigation, and its most important distinction from both of these is that, except in the case of expert determination, there is no judge, arbitrator or tribunal to tell the parties what the answer is or will be. There is therefore, no award or judgment handed down, and no statement of what is the 'right' or 'just' answer. Instead, the parties themselves choose the form of their preferred resolution process, appoint a neutral intermediary or facilitator to assist them, and then negotiate an appropriate solution which they both find acceptable. Where expert determination is used the independent third party makes the decision but the parties resolve their dispute more quickly by avoiding the formalities of litigation or arbitration.
Arbitration may be described in general terms, as a consensual, private process for the submission of a dispute for a decision of a tribunal, comprising one or more independent third persons.
In making its decision, the tribunal must follow certain basic requirements, such as to act fairly and impartially, allowing each party to put its case and to respond to that of its opponent.
The decision of the tribunal (referred to as the Award) is final and legally binding on the parties, subject to any permitted challenge or appeal process at law, and will be recognised and enforced by the Courts of most states around the world.
Arbitration differs from Court proceedings in that:
a) arbitration is a consensual process; a party cannot be compelled to arbitrate a dispute unless it has agreed to arbitration;
b) arbitration is a private and, under many systems of law, confidential process;
c) in arbitration, the parties have the power and freedom to:
i) select the tribunal (or agree the method of selection) and can therefore appoint a tribunal with the qualification and experience to decide the dispute;
ii) choose the rules that will apply to the proceedings; and
iii) choose the language of the arbitration.
Arbitration & ADR Consulting Services:
- Drafting formal Arbitration Statements e.g.
- Points of Claim
- Defence Rebuttals (incl. set offs and abatements)
- Cross-claims preparation
- Replies & Rejoinders
- Scott Schedules
- Construction Arbitration claims particularisation
- Arbitration Initiation, procedural management & representation
- Arbitral Correspondence
- Trial Representation & Advocacy
- Drafting Mediation position statements
- Representing parties in negotiations and in ADR forums (Adjudication Boards, Mediation & Expert Determinations)
- Arbitration, DAAB & Mediation appointments.