ADRC, the Australasian Dispute Resolution Centre, was founded as a “one stop shop” for dispute resolution in Australia, the Asia Pacific region and the rest of the world. Our aim is to help you resolve your dispute privately and cost efficiently. Some of the processes we offer you are:
- direct negotiation
- deal facilitation
- conflict resolution coaching
WHY ADRC IS UNIQUE?
Because we offer you:
Dealing with disputes
So, what are your options?
Going to court may turn out to be the only way, but it should not be the first option. It can be expensive and time-consuming and the outcome is out of your control.
Direct negotiation often works, and business people are experienced negotiators. But sometimes, while involved in a dispute, you lose objectivity and strong emotions can get in the way.
That is why more business people are turning to alternative ways of resolving disputes. Mediation, conciliation and arbitration are probably the best known methods. In each method, you are assisted by a third, neutral and impartial person who, maintaining objectivity, can help you address the real issues in dispute to find a resolution.
Recognising that business relationships are fundamental to the success of your business, mediation provides you with the environment and the opportunity to maintain or restore those relationships. In mediation you, the other party or parties and the mediator meet together to discuss ways of resolving the dispute. The most important feature of mediation is that the parties, not the mediator, control the content of your agreement. The mediator guides you but does not decide for you. The mediator then helps you to ‘reality test’ what you have agreed to - to ensure that each party can deliver their part of the bargain. The mediator manages the process and ensures that everybody has their say.
Conciliation is similar to mediation. The difference is that the conciliator can put forward proposals to resolve the dispute. At the end of the day, the parties can accept or reject those proposals.
Arbitration is a process by which the parties agree to be legally bound by the decision made by the arbitrator. Arbitration is very often compared to having a private court or a private judge who conducts a process that is flexible and time and cost efficient.
But could you avoid disputes?
It is good knowing that these options are available, but it might be a bit late to start considering them when you are in the middle of a crisis.
Why not think about it beforehand?
Corporate mindfulness, conflict prevention, and other specialised training can ensure that your team and business performs effectively and free of internal conflicts. Deal facilitation, policy and case consultancy can ensure that your business relationships are focused on business and avoid the pitfalls of future conflicts.
Many small and large corporations also incorporate ‘multi-tier’ dispute resolution clauses into their contracts: they commit to using agreed-upon procedures (such as direct discussion or negotiation) before going to more formal mechanisms (such as mediation or conciliation) and finally to arbitration or court. Why do they do this? Because they have found that many disputes can be resolved at the shop floor level or, if not, at middle or senior management level, and do not need to escalate further. A particular advantage is that you address relationships openly at the start, paving the way for mutual understanding. The savings in time, cost and relationships are enormous. They get on with business.
ADRC can assist you in both training aimed to avoid conflict and drafting escalation clauses in all new contracts or add them to existing ones.