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Other ADR services

In addition to arbitration and mediation, our Barrister ADR Practitioners offer other ADR and negotiation services. Each ADR service offers unique advantages compared to traditional litigation.

Early Neutral Evaluation

This method is generally used early in the dispute process.  The evaluator:

  • Considers the circumstances of the dispute and allows each party to present its case
  • Identifies the strengths and weaknesses of each party’s position and highlights areas of agreement 
  • Assesses the case, its merits and potential resolution. 

The parties can then decide whether to agree and whether that agreement will be contractually binding.

Expert Determination

Expert determination can be used at any time in a dispute and often occurs before or instead of litigation. It can also help save on court costs and shorten the length of existing hearings. Experts are generally chosen because of their legal expertise and will use their legal knowledge to resolve the issues involved in the dispute. They may decide all issues between the parties or a particular issue.

The decision may be binding or non-binding. 

Adjudication

Adjudication is very similar to court proceedings but occurs outside the courtroom in specific jurisdictions.  For example, adjudication is most often used in the building and construction industry under state and territory security of payment legislation.  An adjudicator reviews the evidence and submissions put forward by opposing parties or litigants and determines the rights and obligations of each party.  

An adjudicator’s final decision is generally binding.

Conciliation

A conciliator is generally used in specific jurisdictions such as the Industrial Relations Commission.  A conciliator can assist parties in resolving a dispute in several ways, including identifying the issues in dispute, developing resolution options, considering alternative resolutions and working with the parties to reach an agreement. 

The conciliator may advise on or decide the process of conciliation, recommend terms of settlement, give expert advice on likely settlement terms, and actively encourage the participants to reach an agreement. The conciliator, while at times advising on the content of the dispute, does not always make a determination. 

Negotiation

ADR uses various forms of negotiation to resolve disputes outside the courtroom. During these negotiations, an experienced, neutral third person facilitates the process, guides the conversation and advises on the process or path to resolution.  

Need assistance through adjudication, conciliation, expert determination or negotiation?  

Find a Barrister ADR Practitioner near you or contact us at baradr@nswbar.asn.au