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Introducing Solutions Mediation Centre
The aftermath of disagreement in our society is becoming all too familiar. When
negotiations have failed, a lawyer is consulted, letters are written making claims,
denials and accusations and in most cases proceedings are issued. Many months
if not years later, usually at or very close to the date of the hearing, the case is settled
after thousands and sometimes millions have been invested in legal fees and other
costs to say nothing of the emotional and/or corporate investment.
But many individuals, companies and their lawyers have found a better way by
using ADR - Alternative Dispute Resolution. They are resolving disputes earlier,
rather than later, with SOLUTIONS Mediation Centre - a leading provider of Mediation and other ADR services.
In response to spiralling litigation costs and an over-loaded legal system Lord Woolf
was invited to investigate how the system could be streamlined and the costs reduced.
He became a doughty champion of ADR as a cost effective, efficient alternative to adversarial
court based processes. The past decade has seen a growing number of professional
individuals and organisations offering Mediation and other ADR services. These
organisations offer a forum for quicker, less costly, non-adversarial resolution of civil
disputes outside crowded and expensive court rooms.
The Government has decided to use mediation as a main component in the changes it will shortly introduce to the procedure for Divorce and separation and disputes over children |
WHAT IS ALTERNATIVE DISPUTE RESOLUTION?
Alternative Dispute Resolution (ADR) is a phrase describing a variety of ways to resolve
disputes without a conventional adversarial court trial. ADR can be conducted in any
manner to which the parties agree - as casual as a discussion round a conference table
or as structured as a private court trial. The most commonly used ADR techniques are
mediation, arbitration and mini-trials.
Mediation: Reaching a Negotiated Settlement
Mediation is a confidential, voluntary, non-binding process using a skilled and impartial third
party to provide a positive environment in which the dispute can be settled and to provide
the parties to the dispute with a mutually beneficial resolution of their disagreement. The
mediator does not impose his or her will or judgement on the parties but helps them decide
for themselves whether to settle and on what terms. The mediator acts as a catalyst for
helping parties reach agreement by identifying issues, exploring possible bases for agreement,
and weighing the consequences of not settling and managing the mediation process.
Arbitration: Delivering a Decision or Award
Arbitration can be binding or non-binding as agreed in advance by the parties to the dispute.
In arbitration, a neutral third party is chosen to hear both sides of the case and then resolve it
by rendering a specific decision or award. If binding arbitration has been chosen, the decision
or award is normally final.
Mini-Trials: Evaluating each Partys Case
The mini-trial is an abbreviated non-binding hearing procedure in which each side normally
presents its case to a panel of three persons, one of whom, the Chairman, is often a Mediator
and sometimes a retired lawyer. In America it is often a retired Judge. Under the guidance of the
Chairman, the parties will decide how many documents and witnesses each side will present and
how long the hearing will last. At the conclusion of the hearing, the parties may ask the panel to
evaluate each sides case after which the parties may seek to resolve the dispute on their own or
by using another ADR facility
What are the benefits of ADR?
Traditional litigation is expensive, time-consuming and extremely stressful to the individuals involved.
Mediation and the other ADR facilities can overcome most of these negative aspects by offering the
possibility of early settlement, as well as a forum for more flexible and creative solutions to disagreements.
Saves time
Civil cases typically take many months, sometimes years to get to court. On the other hand an ADR meeting can be arranged
as soon as the parties wish and the whole process can be concluded in just a few weeks or even less
with the average case resolved in a few hours. Thus, ADR allows the participants to get disputes
behind them quickly so they can get on with their businesses and their lives.
Saves money
The time ADR saves directly translates into costs savings. Instead of months or years of costly
preparation for trial, pre-trial hearings and discovery, ADR can eliminate discovery or devise an
expedited schedule for information exchange, thus lowering the cost to all parties.
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Provides finality
ADR circumvents the lengthy series of appeals that can follow a court trial and are an
expensive risk for those following the traditional court based route. Successful mediation
culminates in the signing of a settlement agreement which is a binding contract. Arbitration
awards cannot be appealed in the court system except in extraordinary circumstances.
Parties that successfully complete an ADR process can therefore be assured that the dispute is truly over.
Avoids a precedent
One of the main concerns of insurers is that the issue will become a precedent for other
cases. The confidentiality and privacy of the process and the agreement will ensure that
each case does not become fettered with the fear or needs of precedent
Allows flexibility
ADR offers procedural flexibility. It can be conducted in any manner to which the parties agree.
It allows participants to apply their own knowledge and creativity to developing innovative
solutions better suited to their needs than courts and lawyers alone could devise.
Offers more control
ADR gives parties complete control in choosing the appropriate neutral and ADR
process for their case. Whats more, the participants can choose the time, place
and date most convenient to them.
Preserves Relationships
When the parties to a dispute have ongoing dealings, it can disrupt or destroy the
relationship. The speedier resolutions that ADR can achieve, as well as the collaborative
nature of many ADR procedures, can preserve or even enhance valuable business
relationships, such as those between suppliers and buyers.
Offers confidentiality
ADR proceedings and results are generally not part of the public record and can be kept strictly private.
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When to use SOLUTIONS
Only 2% of all court proceedings issued go to trial. Accordingly, ADR should be
considered as soon as the parties are in a position to realistically evaluate their case.
ADR can be used at any point, even on appeal. Lawyers may use SOLUTIONS to resolve
specific issues in complex litigation, to test certain aspects of a case in a court room like
atmosphere, or to break pre-trial logjams when parties are deadlocked over ancillary or interlocutory issues.
How to get started
In todays business world, conflict is inevitable. Wasting time and money, however, is not .
SOLUTIONS offers you a fast, cost-effective forum for resolving your disputes. And unlike
the courts, SOLUTIONS is set up to accommodate your needs, the needs of your company and your calendar.
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Solutions Make Sense
Solutions provide Sensible Effective Negotiated Settlements for Everyone
Services in a wide variety of disputes,
some of which are:- |
Why use SOLUTIONS COMMERCIAL
MEDIATION SERVICES?
- Solutions offers an unparalleled combination of ADR personnel, services and facilities.
- Highly trained, experienced ADR professionals.
- Private conference facilities: specifically designed to support and enhance the resolution process in a supportive, neutral environment.
- A comprehensive range of ADR formats: from single two-party, to complex multi-party mediations, arbitrations, and private trials.
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Building & Construction
Business Contracts
Children
Defamation
Divorce Consequences
Employment
Environmental Issues
Estates
Family Companies
Family Disputes
Fatal Accidents
Franchises
Health Industry
Industrial & Labour
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Insurance Coverage
Intellectual Property
Lender Liability
Maritime
Medical Negligence
Multi-party Actions
Partnership
Personal Injury
Premises Liability
Product Liability
Professional Liability
Property and Land
Sexual Harassment
Torts
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Free case co-ordination service
- Even if you have not used ADR in the past, SOLUTIONS Case Co-ordination Service makes it easy. From your first call about a specific case, we will co-ordinate your case.
- We will help you choose the appropriate ADR process and select the ADR professional most appropriate to
your needs. We will also handle all the details of processing paperwork, scheduling and co-ordination with all involved parties.
- In addition, we will, at your request, act as an impartial third party in convincing the other side to participate in the ADR process with you.
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