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We discuss the law on Alternative Dispute Resolution and Arbitration.

 

We give you access to the law and procedures.

 

NetLaw is going to be a little controversial in discussing this topic. 

 

We believe that there have been too many words and too many articles written about the wonder of Alternative Dispute Resolution and we rather cynically believe that the seeming rush to replace the procedure of our Courts with some alternative form of mediation or arbitration is not as justified as some may say. 

The Court process of resolving disputes is currently undergoing substantive changes.  New District Court rules have been drafted and are expected to come into force on 1 November 2009.  The rules change the process of resolving disputes with the focus now being on settling disputes by alternative dispute resolution.

Parties will soon be obliged to undertake alternative dispute resolution methods to resolve their dispute, with the option of Court proceedings being the last resort.

Here are some common forms of alternative dispute resolution that may be suitably used to reach a resolution:

Arbitration

A  contractual method of resolving disputes.  Parties to a contract include a clause that provides that if a dispute arises between the parties they agree to have the dispute decided by an arbitrator or panel of arbitrators.  The award made is binding on all parties and is enforceable as a judgment of the court.<

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