A process designed around the dispute
CVZ Attorneys is committed to effective dispute resolution. Court proceedings are sometimes necessary, but they are not the only route to a binding or commercially useful result. Alternative dispute resolution can offer privacy, flexibility, specialist decision-makers and a timetable better suited to the parties and their industry.
ADR is not a single procedure. It is a broad group of processes that can be selected or designed around the dispute.
ADR processes
The firm advises on and participates in:
- arbitration in its various forms;
- expert determination;
- ombudsman services;
- neutral fact-finding;
- early neutral evaluation;
- mediation in its various forms;
- independent interventions;
- brokered talks;
- independent review; and
- relationship-building processes.
The appropriate option depends on the parties’ agreement, the relief needed, the technical issues, urgency, confidentiality and whether the relationship is worth preserving.
Arbitration
Arbitration allows parties to refer a dispute to an agreed tribunal outside the ordinary court process. We assist with arbitration clauses, commencement and response, evidence, preliminary issues, hearings and settlement strategy. Enforceability, appeal rights, cost and procedural rules should be understood before the process begins.
Mediation and negotiated processes
Mediation allows an independent facilitator to help parties explore resolution without deciding the dispute for them. Neutral evaluation, fact-finding and brokered talks can narrow issues and test positions even when a complete settlement is not immediately possible.
ADR works best where the procedure is matched to the conflict and the participants have authority to engage meaningfully. It can also be used proactively to prevent disagreement from hardening into litigation.
Frequently asked questions
Is ADR always cheaper than court?
Not always. Cost depends on the process, tribunal, evidence and parties’ conduct. A focused procedure can reduce delay and complexity, but the choice should be assessed rather than assumed.
Is the outcome binding?
That depends on the process and agreement. Arbitration and expert determination may produce binding outcomes; mediation ordinarily produces a settlement only if the parties agree.
Can ADR protect confidentiality?
It may offer greater privacy than open-court proceedings, but confidentiality must be addressed in the governing agreement and process.
Choose the process before the process chooses the outcome
Contact CVZ Attorneys to assess whether arbitration, mediation or another tailored intervention suits the dispute.