Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) includes a variety of methods outside of court proceedings which can result in a binding or non-binding agreement to resolve a legal problem. Methods include: 

  • Mediation 
  • Arbitration
  • Expert Determination
  • Building and Construction Industry Adjudication (BCIPA)
  • Conciliation
  • Collaborative law

Mediation

Mediation is a popular way of settling disputes without going to court. A mediator is an impartial third party who will guide you through a structured process to assist in the resolution of your dispute. 

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Arbitration

Arbitration is a form of alternative dispute resolution outside of the courts to obtain a decision that will legally bind the parties. The parties present their arguments and evidence to an arbitrator who acts as a judge and creates a binding determination, called an award.

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Expert Determination

Expert determination is a type of alternative dispute resolution process in which parties agree to have their dispute resolved (i.e. “determined”) by an independent third party (i.e. “the expert”). Sometimes the expert is a lawyer, but in many disputes the expert is a person with some technical expertise (such as an engineer, an accountant or a valuer). 

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