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
  • Conciliation
  • Collaborative law

Are you an ADR practitioner?

QLS accredits mediators and arbitrators and provides a number of resources to assist in resolving disputes as an ADR Practitioners. 

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Resolve your dispute at Law Society House

QLS has a number of rooms available to conduct your mediation or arbitration including large conference rooms and break out rooms. 

Venue hire

Types of Alternative Dispute Resolution

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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Queensland Building and Construction Commission (QBCC) Adjudication

The Building and Construction Industry Payments Act 2004 (BCIPA) allows a process of swift adjudication to resolve payment disputes within the building and construction industry across the State. Go to the QBCC website for more information. 

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Conciliation

If your legal issues revolve around discrimination in the workplace or relate to services, the best way to resolve the dispute may be conciliation.

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Collaborative law - negotiations without court involvement

Collaborative law involves both parties and their legal representatives specifically agreeing in writing to reach a settlement without resorting to litigation (a participation agreement is signed at the start of the process).

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