The term Alternative Dispute Resolution (ADR) refer to methods of resolving disputes by means other than litigation. It includes Mediation, a process whereby an independent and impartial third party helps those in dispute to communicate effectively and, as a result, hopefully resolve their dispute (see our detailed Mediation pages). While Mediation is an effective means of resolving short-lived disputes, ongoing or long-lasting disputes may need further interventions.
Ongoing or lasting disputes may involve environmental issues, community issues and and/or those associated with industry and government that are likely to be significant in shaping future societal and/or economic consequences. They cannot necessarily be resolved because they are not necessarily ripe for resolution. They must, however, be understood in the context of their deeper and far-reaching struggles if there is to be achieved some semblance of accord and strategy. It requires the dispute resolution practitioner to understand the essence of the needs of each of the parties, assess how to meet those needs and manage the parties’ communications and relationships with each other. It is a longer-term or ongoing involvement.
Another issue that may require a longer-term involvement of a mediator/dispute resolution practitioner is that of conflict associated with family business transition or succession. Typically, family business conflicts can be extremely divisive and have severe consequences for family relationships and business success. This also may require a long-term involvement of someone experienced in business and finance but also in the management and resolution of disputes. Assisting in family business transition and succession and in the management of disputes associated with them is a significant part of our business.