Arbitration, Mediation and Dispute Resolution. Why?

Alternative Dispute Resolution methods are fast becoming the preferred and most economical way to resolve contractual disputes. This is particularly the case in relation to issues involving technically complex subject matter.

Arbitration and mediation present a simple and cost effective way for technology companies to quickly resolve business disputes without the need for costly litigation and court actions.

Arbitration will normally result in an award to one of the parties. The arbitration proceedings are facilitated by an accredited Arbitrator and follow a formal procedure.

Mediation is a dispute management process aimed at assisting parties to find a mutually satisfying resolution to their problems, without the need to resort to a third party to impose a decision upon them.

Business advantage?

With ADR there is much greater ownership of the outcome of the dispute resolution process - the active participation of the parties to find mutually acceptable solutions can work to preserve business relationships.

The processes do not need to be based on  any finding of fault - the focus is on the resolution of a business issue in a workable way.

The confidentiality of the dispute resolution process means that parties are able to discuss matters openly with a view to resolving the issue at hand without the risk of bad press or other adverse publicity consequences from agreeing to a settlement.

There is a reduction in the uncertainty and associated risk involved in court proceedings.

The process is fast. Most commercial meditations are concluded within a day arbitration processes can also be very streamlined. ADR is usually considerably faster and significantly less expensive than the legal and expert witness costs associated with litigation.