About Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) (sometimes referred to as External Dispute Resolution) is a process for resolving disputes outside of the judicial process. Some courts require parties to resort to ADR of some type before they will accept a case for trial.
The main factors in favour of ADR as opposed to litigation are:
- Significantly lower costs
- More immediate accessibility
- Less time-consuming
- Relatively informal process, structured to facilitate resolution
- Choice in the mediator, who may be selected for technical knowledge or experience in the issues
- Involved parties only; no legal representatives
- Mediator is free to act as a ‘go-between’ talking to each party separately, relaying offers or proposals between them
- A focus on compromise and fairness rather than vanquish and rule of law.
- Assistance by the mediator in identifying issues and possible options
- Parties themselves reach resolution, facilitated by the Mediator
ADR is a 3-party negotiation in which the two interested parties to an issue of disagreement, deal jointly with a third and neutral person (the Mediator) to help them define the best possible outcome. The Mediator will facilitate negotiation and focus the parties on identifying a mutually-acceptable outcome rather than on defending a position or principle.
Notwithstanding the Mediator’s role, the parties are equally responsible for entering into the dispute resolutoin process with the sincere intent of engineering a mutually acceptable outcome.
While the principles of Mediation apply equally whether you are seeking to terminate an existing deal or engineer a new one, there are slight differences dictated by the desired end result.
Here we’re dealing with Alternative Dispute Resolution. Click for information on our related services under Deal Mediation.
Why use an ADR Mediator?
Because the parties to most disputes can become distracted from resolution through defending certain positions orprinciples rather than focusing on achieving an acceptable compromise that will enable them to disengage and move on.
Disputes based on positions and principles are almost unsolvable since they require one or more parties to change their mind, and admit they were wrong in some way, rather than on seeking a mutually-acceptable course of action.
ADR is, first and foremost, about actions – not positions or principles.
A skilled ADR Mediator will direct and continually return the focus of the parties to their common interest in reaching a mutually acceptable course of action, rather than their individual interests in being proven right. To that end, they will guide their clients to:
- Become clear on what they can live with in a resolution, rather than on winning a moral victory
- Avoid posturing and positioning during discussions
- Seek matching concessions on all key issues until common ground is achieved; and
- Seek a sustainable outcome with which all parties can live, and to which all are committed.
The ProfiTune ADR Process
There are three basic steps in our ADR Mediation process:
- The parties read through and then answer a series of questions that clarify for them and the mediator what they have, what they want, what they are prepared to live with, and what they are prepared to concede to achieve a resolution.If documentation exists on either side, that documentation will be submitted with their responses to the Mediator for consideration. Discussions may take place between the mediator and the parties for clarity, after which the Mediator will indicate their belief in the potential to mediate an outcome acceptable to all parties – or not. A fee applies to this stage, shared by both parties, paid in advance and proportional to the complexity and volume of material to be understood. If the Mediator declines to proceed, no further fees are payable. If the Mediator proceeds, then . . .
- The parties participate in a series of personal meetings facilitated both jointly and singly by the Mediator (and in some instances, without the Mediator) until they have a mutually acceptable set of conditions within which to proceed. The Mediator will check off the relevant details to ensure that all areas critical to a stable and sustainable resolution are covered.
- The Mediator will then invite the parties to sign an agreement in relation to their resolution, and will remain available for any final discussions the parties may find necessary to reach finality.
Using Our ADR Mediation Services
To explore our potential to assist you through mediation, please call or email us .