A cheaper way of resolving disputes away from courts
Published 05/07/2011 | 05:00
Regarding John Shirley's article concerning exorbitant fees on page four of the Farming Independent of June 28, other problems can also beset litigation in the courts.
These include delay, lack of control by the parties, lack of availability of judges and uncertainty of outcome, not to mention the publicity and the stress on the parties.
There is an alternative and vastly cheaper means of dispute resolution known as alternative dispute resolution or ADR.
There are various types of ADR, including mediation.
While it's not possible to outline all aspects of mediation in a short description, basically, it can be said that the mediator, who is generally specially trained and accredited and will be completely impartial, informs the parties of the process and organises a neutral venue agreeable to the parties with comfortable rooms for each side.
On the day, the mediator moves between the rooms and generally nudges each side towards resolution -- only bringing such information from one side to the other as he or she is strictly authorised to do.
A stage is generally reached when the parties are brought together in one room with the mediator to iron out final details.
The whole procedure is completely voluntary, confidential, private and without prejudice and either side is completely free to leave if and whenever they wish.