
Types of Dispute Resolution
There are many ways to resolve disputes, and the right approach will depend on the people involved and the nature of the conflict. Below are the types of dispute resolution our members can assist with.
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Adjudication
Adjudication usually refers to adjudication of construction cases pursuant to the Construction Contracts Act 2002.
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Arbitration
Arbitration is a process for the settlement of disputes in which an independent and impartial arbitrator makes a decision after considering the representations of the parties. The arbitrator's decision is called an award and is normally final and binding on the parties. The award is written and is enforceable by the courts.
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Collaborative Resolution
Collaborative resolution brings the parties together, with the support of trained professionals, to reach solutions that reflect what matters most to them. This approach is particularly valuable where relationships need to continue after the dispute is resolved.
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Conciliation
Usually referring to the conciliation of share-milking disputes, conciliation is a process where an independent and neutral conciliator works with the parties to identify the issues in dispute and helps them to reach agreement.
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Mediation
Mediation involves an independent person, a mediator, who helps you to resolve your disputes.
Mediation is a confidential and consensual dispute resolution process in which an independent and impartial mediator facilitates negotiation between the parties to assist them to resolve their dispute.
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Negotiation
Negotiation is the simplest way for disputing parties to sort out problems together.
Negotiation is a process of communication in which parties or their representatives work to reach an agreement. Negotiation may or may not settle or resolve the dispute, but it should be the first step taken toward achieving a resolution.
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Expert Determination
An expert determiner is anyone with knowledge of, or experience in, a particular field or discipline and expertise in making decisions.
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Family Dispute Resolution
Family dispute resolution (FDR) is a first step for many disputes involving the care and contact of children. To gain access to the Family Court for issues of care and contact, legislation now requires most disputing parties to attempt family dispute resolution - mediation for family cases
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Family Law Arbitration
Family law arbitration is a form of private dispute resolution in which the parties enter into an agreement to arbitrate. The authority for family law arbitration derives from the Arbitration Act 1996 and an agreement to arbitrate.
Family law arbitration can also be used to resolve property disputes.
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Farm Debt Mediation
Farm debt mediation is when an experienced mediator helps a farmer and the lender to negotiate and reach an agreement about the farm’s business debt before things get serious, like selling farm property. Farm debt mediation is confidential, efficient, fair and effective.