Dispute Bench sector experts are typically engaged prior to the commencement of litigation or upon referral from professional bodies as part of a contractual dispute resolution clause. Dispute Bench members can be appointed as Dispute Resolver or assist either Claimant’s or Defendant’s when navigating the process and providing representations.
Any dispute is suitable for high-speed dispute resolution processes under the heading of Alternative Dispute Resolution (ADR). This ADR heading does not mean only Mediation; it includes such as Adjudication / Expert Determination etc. Unlike mediation, these processes arrive at a binding decision.
Pre-Action Protocol (PAP) reform requires ADR to be attempted. If a third party process has been used which does not lead to settlement, parties will not be required to use such a process again within later proceedings.
Advantages of ADR vs litigation include speed, efficiency and confidentiality resulting in considerably less ill will being generated. Critical in situations where parties have to continue interacting even after settlement is reached.
There is not one single best ADR method to resolve disputes. Dispute Bench experts assist in defining an appropriate methodology to resolve a dispute given the underlying circumstances.
