What is Alternative Dispute Resolution, ADR – aka “Appropriate Dispute Resolution”?
It is an alternative to going through the court system when you have a dispute in a SECTIONAL TITLE SCHEME, with a Body Corp, Managing Agent, Trustee, or even tenants
The court system is not working, the litigation process is not bringing satisfaction to the vast majority, and even those that win, very often “lose”. They lose time, they lose money, they suffer frustration, and the effect on family even takes its toll.
The other interesting thing is that, of litigation cases 92 percent or more, never make it to court.
They get settled right at the end or on the proverbial courtroom steps. How logical is that?
Spend, and keep spending, in a sort of black hole and then right at the end you settle.
Why don’t we try to settle in the beginning?
That is what ADR is about.
It avoids the common practice of starting with POWER [“I have more money and I’ll sue the pants off of you”], moving on to RIGHTS [this is what the law says and we’ll let the court decide”], and lastly, INTERESTS [Let’s discuss what each of us needs and what agreement might satisfy those interests.
ADR starts with INTERESTS [Mediation/ Negotiation] and failing that, brings about settlement based on rules, regulations, or laws – through RIGHTS [Arbitration]
Nothing is more powerful than an idea whose time has come
~ Victor Hugo