Family matters, property, business, online sales and so on provide a range of environment’s where things can go wrong. In traditional times these issues were resolved by face to face meetings, mediation, arbitration or litigation which, when coupled with international disputes, is both costly and time consuming.
This caused us to sit down and think about how we could do this better. As international mediators and arbitrators we had to consider how we maintain the face to face communication that is essential to resolving issues while maintaining relationships and still deal with reducing costs of travel, hotels and other expenses associated with international disputes.
The result was a fully driven online disputes resolution system that allowed parties to address the nature of the conflict as well as the emotional content. It was our decision not to implement an automated system as this took away the mediator or arbitrator who brings with them important tools of communication that help parties maintain positive relationships after the conflict is resolved.
To achieve this we designed a set of procedural rules that we legislated. This allows parties to know what their requirements are, how they must behave, and what process must be followed to get fair and equitable justice.
The principles behind Alternative Dispute Resolution (ADR) is to resolve disputes between parties in a cost effective and timely fashion. However, arguably ADR should be more of an intervention approach to help parties avoid escalation of the dispute.
The idea behind the Early Intervention Alternative Dispute Resolution (EIDR) registrar is to encourage early disclosure of the dispute through documentation and clear disclosure of the argument posed by each party while maintaining confidentiality to the rest of the world. We find that many parties simply write down a brief description of the issue faced resulting in unclear understanding by the opposing party and escalation of the dispute.
The purpose of the EIADR registrar is to facilitate de-escalation through appropriate Q & A around the submitted documents. The aim is to help parties gain clarity on the dispute that requires resolution and remove unclear communication. The EIADR registrar does this through the review of submitted documents within the ODR environment and requesting clarity or further detail in order to bring the heart of the dispute into the open and focus the parties for hearing.
While this role is traditionally the role of and ADR practitioner at the time of the hearing, the EIADR approach allows for the saving of considerable time and money by dealing with these questions early, allowing the Arbitrator/Mediator to focus the hearing on the issues in dispute, and healing the relationship.
In addition, the EIADR approach in providing both document sharing and conferencing review, allows parties to deal with administrative or legal argument problems early, saving disruption to the ADR hearing, time and cost.
The result is a cleaner, cheaper and more streamlined ADR process.
Each jurisdiction has a set of legislated rules for conduct by lawyers, solicitors and arbitrators. These rules are set down for the protection of the parties involved. In each jurisdiction Mediators are required to be members of professional bodies with strong codes of conduct and ethics. Arbitrators are required to do the same but have the additional burden of the Arbitration Acts of the jurisdiction.
Our mediators/arbitrators are trained in law, mediation and arbitration. They are members of professional bodies and have law degrees to make sure they both follow the law and provide you with the best in resolution services.
This allows them to facilitate the client led resolution process while providing the skills necessary to make the agreement binding and pursue the objectives effectively through problem solving.
Our technology allows for this to happen in the following ways:
First the case management system allows parties to file their disputes using the easy to fill out forms and lodge them into the system.
If issues arise or paperwork is unclear, the mediator/arbitrator will follow the process outlined in the rules to request further information and clarify the questions that arise. This personal overseeing allows for the process to clarify the issues and focus parties on them.
Next the trained mediator/arbitrator allocates a time for parties to meet in the online video, voice chat system that has a whiteboard, file upload system, desktop sharing and text chat, allowing parties to clearly communicate any misunderstandings and focus their problem solving. Here the traditional methods of mediation and arbitration are brought to bear in face to face communication that allows parties to deal with the hurts and begin the healing process.
By following the legislation of the jurisdiction where the cause of action arose, or the jurisdiction agreed to by parties, the parties are provided a binding resolution that is enforceable in the Courts.
This strict adherence to the codes of conduct for mediators/arbitrators and the requirements of law set our system apart and allow for speedy, cost effective and binding resolution of problems.
We offer both in person and online face to face mediation/arbitration services in the UK, Canada, US, Australia and New Zealand; so call us and let’s get your dispute resolved.