Alternative Dispute Resolution

There are often better and more efficient ways than litigation to resolve disputes. In most cases, even where litigation ensues, the Court will order parties to engage in alternative dispute resolution (ADR) before setting the matter down for trial.

ADR is recognised as being a faster and less costly way to resolve a dispute, and provides parties with the control over the outcome of the dispute which is lost once the matter is decided at trial.

There are many different ways to engage in ADR, and these include:

  • negotiation;
  • mediation;
  • conciliation;
  • expert appraisal; and
  • arbitration.

Unlike litigation, the ADR process can remain confidential and is less formal. In circumstances where the parties may wish to continue or salvage a business relationship, or prevent a company winding up, ADR offers the parties an opportunity to preserve goodwill and to avoid escalating conflict.

Further reading on this topic includes:

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