About finding the best individual and designing the most appropriate ADR process to resolve a given dispute across industry sectors and varying geographies.
The company was founded by an individual endorsed as a dispute resolver by the Royal Institute of Chartered Surveyors (MRICS), Chartered Institute of Arbitrators (MCIArb), International Mediation Insititute (IMI) and Civil Mediation Council (CMC).
In addition to being a dispute resolver, the founder has the unique experience of ADR processes as both Claimant and Respondent.
The most positive experiences of ADR processes. Not all referrals, or cases as either claimant or respondent have been the best examples of ADR.
Some of the processes were appropriate to the underlying dispute, others were overly rigid and simply specified by contract. Enforcement was challenging in some circumstances because of varied documentation. The individuals tasked with resolving disputes were of varied abilities.
Dispute Bench has been formed with the goal of ensuring the most capable individuals from their respective fields are appointed for a given dispute, adopting a process which gives the best chance of success and best practice is used when it comes to underlying dispute terms to aid the process of enforcement.
If disputes are not properly managed, they may cause delays, undermine team spirit, increase costs and, above all, damage business relationships. In a fast moving world, disputes are often too complex to make litigation a fast and cost effective option and is a driving force behind the inception of ADR methods.
Parties cannot tell what a future dispute will be about, including what side of the dispute they will be on when it arises. Therefore simplicity and clarity in drafting dispute resolution clauses are essential. Trying to build-in provisions that are specifically suited for a particular type of anticipated dispute may be counterproductive at the time of the dispute.
The key question in the search for a more proportionate dispute resolution system is which techniques, or types of scheme, are suitable for which type of case? More colloquially, which horses for which courses. ADR processes should be designed taking into consideration the type and nature of the dispute, the parties involved and the availability of resources.
