Australian Arbitrator, Lawyer and Mediator

Hugh D McArdle

Bjuris, LLB, LLM, Prof Cert Arb, FAICA , MCIArb.

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Dispute Resolution Options –  Other Determinative Processes

Expert Determination

The neutral third party exercises an authority given by the parties to make a binding decision having regard to a particular expertise. It is similar to the adjudicative fact finding in arbitration but there is generally no need for a hearing and testing of material submitted by the parties. The determination is effectively final and binding.

Private Judging and Adjudication

A suitably qualified third party is chosen by the parties , to act as a judge and to adjudicate by narrowing the issues , hearing and testing the evidence and making those orders sought by the parties.

The parties may seek a determination or simply a recommendation.

Dispute Resolution -   Consensual Processes

Mediation The neutral third party, assists the parties in understanding each others point of view formulates options and assists the parties in reaching their own settlement.

Mediation/ Arbitration After a mediation and with the written consent of the parties the third party may proceed to arbitrate and make a binding determination of the dispute.

Conciliation An opinion is provided as to the respective merits of the dispute which is essentially a neutral evaluation of parties case and then settlement is explored with the parties. The likely outcome of the dispute is also indicated if it was to proceed to litigation.

Negotiation A voluntary informal process whereby parties identify issues, explore options and seek to find consensus and agreement. The parties may be represented but usually no neutral third party is involved to assist the process.

 

 

 

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