Other Resolution Processes

Mediation (a facilitative, flexible non-binding) process with a neutral mediator and Arbitration (a binding, determinative process arranged pursuant to legislation) process with an independent arbitrator, are the two main dispute resolution processes that are alternative to litigation in the court.

Other processes that can be utilised are:

Conciliation

Conciliation is a process simialr to mediation but historically allied to the practice of arbitration. Conciliation is a process in which the parties to a dispute, with the assistance of a dispute resolution practitioner (the conciliator), identify the issues in dispute, develop options, consider alternatives and endeavour to reach an agreement. It is a facilitive process that may involve an advisory role for the conciliator on the content of the dispute or the outcome of its resolution but not a determinative one.

The conciliator may have an advisory role. The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach an agreement.

The conciliator may advise on or determine the process of conciliation whereby resolution is attempted, and may make suggestions for terms of settlement, give expert advice on likely settlement terms, and may actively encourage the participants to reach agreement.

Mediation-Arbitration

Med-Arb, hybrid dispute resolution. Combined or hybrid dispute resolution processes are processes in which the dispute resolution practitioner plays multiple roles. For example, in conciliation and in conferencing, the dispute resolution practitioner may facilitate discussions, as well as provide advice on the merits of the dispute. In hybrid processes, such as med-arb, the practitioner first uses one process (mediation) and then a different one (arbitration).

Early Neutral Evaluation

Early Neutral Evaluation is a process in which the parties to a dispute present, at an early stage in attempting to resolve the dispute, arguments and evidence to a dispute resolution practitioner. That practitioner makes a determination on the key issues in dispute, and most effective means of resolving the dispute without determining the facts of the dispute. The practitioner makes a determination on the key issues in dispute, and most effective means of resolution, without determining the facts of the dispute.

Expert Appraisal

Expert Appraisal is a process in which a dispute resolution practitioner, chosen on the basis of their expert knowledge of the subject matter (the expert appraiser), investigates the dispute. The appraiser then provides advice on the facts and possible and desirable outcomes and the means whereby these may be achieved. is a process in which a dispute resolution practitioner, chosen on the basis of his/her expert knowledge of the subject matter (the expert appraiser), investigates the dispute. The appraiser then provides advice on the facts, possible and desirable outcomes, and the means by which these may be achieved.

Expert Determination

Expert Determination is a process in which the parties to a dispute present arguments and evidence to a dispute resolution practitioner, who is chosen on the basis of their specialist qualification or experience in the subject matter of the dispute (the expert) and who makes a determination. is a process in which the parties present arguments and evidence to a dispute resolution practitioner, who is chosen on the basis of their specialist qualification or experience in the subject matter of the dispute (the expert), who makes a determination.

Adjudication

Adjudication is a legislated interim dispute resolution process used in the construction industry. A dispute over contractor payment is referred to an independent adjudicator for a determination.