Alternative Dispute Resolution
Going to court can be very expensive. Choosing an alternative dispute resolution process will save you on lawyer costs and fees.
What is alternative dispute resolution?
A process where an independent person, such as a mediator, helps people in dispute resolve issues between them — useful for family law disputes, property splits and child custody matters.
Negotiation
Direct discussion where parties work out disputed issues and aim for a workable agreement, with lawyer assistance available.
Mediation
Parties try to resolve the issue with the assistance of an independent mediator; separate rooms are available where safety is a concern.
Conciliation
Similar to mediation, but with a more directive role — the conciliator actively guides parties toward resolution and reality-tests their positions.
Arbitration
Parties present arguments and evidence to an independent third party, having pre-agreed that the arbitrator's decision will be binding and enforceable.
Key advantages
Cost-effective — reduces lawyer costs compared with court; faster than court trials and hearings; flexible, with parties controlling which issues to raise; and aimed at win-win outcomes that work for everyone involved.
When it isn't suitable
ADR isn't always appropriate — urgent matters, such as preventing an unauthorised property sale, may require court intervention instead.