Dispute resolution: A practical alternative to costly litigation

Any organisation that has suffered the experience of litigation will have an intimate understanding of the potential costs involved - not just in terms of hard costs such as legal expenses, but other costs such as damage to relationships, reputations and lost commercial opportunities.

Alternatives to litigation

Alternative dispute resolution (ADR) processes, such as mediation, expert determination and arbitration, are common in the commercial world these days. ADR processes aim to avoid disputes or to minimise the frequency, duration and severity of disputes in a controlled manner.

In addition, it's very common to find a dispute resolution clause in commercial contracts. Often that will involve a standard "cascading" clause which requires delivery of a dispute notice, senior executive negotiation, then a mediation and arbitration or expert determination.