ALTERNATIVE DISPUTE RESOLUTION

What is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR) is a means to enable parties to resolve their disputes without the necessity to attend court. ADR encompasses mediations, arbitration and expert determination.

Mediation

Mediation is a prominent feature of modern litigation. Most disputes will be mediated before trial and in many cases a Court will order mediation to be held before or at the commencement of a trial to enable a dispute to be resolved without requiring parties to endure the expense and stress of trial. Parties may also wish to engage in mediation prior to the commencement of proceedings in the hope that litigation may not be necessary. Many of the barristers at Lonsdale Chambers are accredited mediators.

A mediator is an independent person who will assist parties to discuss and resolve points of difference in various disputes. Mediators at Lonsdale Chambers have extensive experience in mediating all commercial disputes with a particular interest and expertise in Insolvency and Bankruptcy issues. Many of the mediators have specialist interests which are detailed in their profiles. See here for details of Lonsdale Chambers barristers who are available as mediators.

Mediation Facilities

Lonsdale Chambers has modern facilities to host mediations both in person as well as on-line, where one or more of Lonsdale Chambers barristers are involved (please note that the facilities are not available to rent where there are no members of Lonsdale Chambers involved). The facilities consist of one large mediation room with seating for 12 people, a smaller break-out room is also available with seating for 6 people. Both rooms are fully equipped with AV facilities and support the use of either Microsoft Teams or Zoom. There is limited secretarial support available. along with tea and coffee making facilities. Lonsdale Chambers offers its full facilities at a minimal cost.  Fees for the use of the rooms are able to be issued to parties in whatever proportions are required. The facilities may be booked by contacting the assistants.

Other preferred venues include; Vicbar Mediation Centre, mediation facilities at the County Court of Victoria, or solicitors offices within the CBD of Melbourne.

Arbitration and Expert Determinations

Expert determination can occur at any time in a dispute and often occurs before or instead of litigation. Expert determination can offer the benefits of cost savings and shortening the length of hearings or trials. It is often specifically required in contracts.

Expert determiners may be selected because of their legal expertise in a particular area of law that is relevant to the dispute at hand. They will be able to use their legal knowledge to resolve the issues involved in the dispute. Expert determiners may decide all issues between the parties, or a specific issue chosen by the parties. The decision may be binding or non-binding.

Lonsdale Chambers has members who are able to act as arbitrators or expert determiners listed in the drop-down menus to the left.