Types
of Dispute
There
are several means of dispute resolution, but litigation,
arbitration, expert determination and mediation are
most commonly employed for commercial disputes. ADR is often used as an abbreviation to describe alternatives
to litigation.
Litigation
This
is the term used to describe action before a national
Court. A
Court room is usually available where the litigation
takes place. In
certain jurisdictions the Court will direct another
means of resolution (eg mediation) of part or all of
the dispute.
Arbitration
Parties
to a commercial transaction frequently provide for arbitration
as opposed to litigation as a means of resolving their
disputes. Sometimes
the contract will provide that arbitration should take
place only if other means (e.g. mediation) fail to resolve
the dispute. In
either event, a venue and other services will be required
which IDM provides.
Mediation
Increasingly,
parties and Courts are turning to mediation as a means
of resolving disputes.
It's success depends upon the parties achieving
an agreement with the assistance of a mediator.
As with arbitration and expert determination
a venue for meetings and other facilities may be needed
to support the process.
IDM is willing to help.
Expert
Determination
Issues
of a technical nature, including those relating to valuation,
may by agreement of the parties be determined by this
process. The
expert may meet the parties before making his determination,
in which case IDM can provide support services.
|