Services
ORIORDAN ADR offers Alternative Dispute Resolution Services (ADR) in the most commonly used procedures of Arbitration‚ Mediation and Conciliation.
Arbitration
Arbitration is a private‚ confidential‚ judicial hearing before an independent third party‚ usually an expert in the field of the matter in dispute‚ with an outcome that binds the parties and puts an end to the dispute between them.
Mediation
Mediation is a private‚ confidential‚ non-binding procedure of dispute resolution where an independent third party facilitates the parties reaching their own agreement to settle a dispute.
Conciliation
Conciliation is a form of mediation, where the independent third party is often an expert in the field of the matter in dispute and suggests solutions or compromises during the process and makes a recommendation at the end of the process. Usually the parties have 10 days to reject the Conciliator's recommendation. Should they not do so‚ it is assumed that they accept it and the recommendation is binding in law. Conciliation is a pre-condition to arbitration in most of the standard forms of building contracts.
The benefits of ADR include the following:
Confidentiality
ADR proceedings are confidential, conducted in private, without the publicity that often surrounds court litigation.
Expertise
Many commercial disputes often require knowledge of a certain industry. (eg. in construction disputes‚ the independent third party is often an architect‚ engineer or surveyor.)Submitting such disputes to an expert often saves time‚ money and avoids confusion and unnecessary explanation.
Flexibility
Formalities and rules of court do not apply in ADR. Parties are free to arrange the procedure‚ time and venue‚ to be mutually convenient.
Informality
Because of the informality of the process, the business relationship can often be preserved‚ with much less antagonism than court litigation. A more amenable settlement can often be reached‚ particularly in Conciliation and Mediation‚ where the parties are focused on finding a solution.
Speed and Economy
ADR procedures are usually arranged in a relatively short time‚ without the lengthy delays of court litigation‚ (often two years or more). Parties need not be represented by lawyers‚ should they so decide.