Alternatives to Court Disputes
The Court process to resolve legal disputes between parties is well renowned as being costly, time consuming and stressful. However, there are alternatives which leave the Court process as a last resort. Alternative Dispute Resolution ("ADR") refers to processes, other than judicial determination, in which an impartial person (a Mediator or Arbitrator) assists those in a dispute to resolve the issues between them.
There are a variety of ADR processes available such as mediation, case appraisal, conferencing and negotiation. Whilst these methods differ in their approaches, they commonly endeavour to reach a compromise or at least resolve some of the issue/s between parties so that court time is reduced or avoided all together.
In addition to saving time, ADR is beneficial as it may reduce legal fees and court costs, maintain ongoing relationships between disputing parties and free up the court system for disputes requiring judicial determination. ADR is also suitable for many categories of disputes including neighbourhood, family, commercial and workplace disputes.
Participation in ADR is usually voluntary but of recent times many Courts are requiring parties to use ADR. Depending upon the type of ADR process and dispute, the outcomes reached may be enforceable or may require parties to take further steps before the outcomes can be enforced.
In Queensland, the Justice Department has set up Dispute Resolution Centres throughout the State which provide "a free, confidential and impartial mediation service for the community". Accredited mediators are employed by the Department to provide assistance to the community in resolving their disputes. This service can be accessed through the local Magistrates Court.
This summary is attributed to Emily Dux, law clerk with MDRN. MDRN partner Ian Neil (Cleveland office) and Martin Wojewoda (Senior Associate at Capalaba office are both Qld. Law Society approved Mediators.
|
