Frequently Asked Questions
1. What is Alternative Dispute Resolution (ADR)?
ADR is a process for resolving disputes other then going to court. There exists a wide range of ADR services. The ones offered by Malette ADR | RED include: Dispute Prevention, Negotiations, Mediations, Med/Arb and Arb/Med and Workplace Dispute Prevention.
Go to my services page for more details on each of these services.
2. Why should I choose ADR?
It is an efficient and cost-effective way to resolve your disputes. ADR can provide you with an alternative to lengthy and expensive litigation. In a pre Covid world, it took years to reach a trial date. Delays occasioned by the pandemic will have doubled the time it may take to reach a trial date.
With all the uncertainty occasioned by the pandemic, ADR puts the control back in our hands. Best of all, it does so in an efficient and cost-effective manner.
3. What is a mediation?
A mediation is a form of facilitated negotiation. It is a non-binding process in which Malette ADR | RED acts as an impartial third-party mediator with the goal of helping you resolve your dispute.
4. What are the benefits of a mediation?
The mediator has no decision-making power; therefore, you maintain control over the substantive results of the mediation. The mediator’s role is to control the process in such a way as to encourage optimal resolution. It is an efficient and cost-effective way to resolve your disputes.
The mediator will help you to evaluate the options to determine which, if any, could form part of a durable and achievable agreement.
5. What is dispute prevention partnering and systems-design?
Partnering is a mechanism where all of the disputants involved in a project meet to discuss how to resolve any conflict that may arise.
Systems-design involves identifying in advance what process will be used for handling conflicts.
Malette ADR | RED will help you diagnose your organizations dispute symptoms by examining several key factors such as the types of disputes you are dealing with, who is involved, how disputes are currently handled and the role power plays in the resolution of current conflicts.
Once dispute symptoms have been identified, we will help you establish and implement new and successful procedures. Finally, we will provide you with tools to measure and evaluate the new system.
6. What are the benefits of partnering and systems-design?
Agreeing on a mechanism to resolve potential disputes will help you and your organization minimize the cost of conflict.
7. What is interest-based negotiation?
Interest based negotiation involves exploring the deeper interests underlying the parties’ stated positions to identify potential trade offs and win-win opportunities across issues and interests. It involves identifying the wants, needs, desires, goals and concerns of the parties.
When you know the areas where you and the other party agree, a skilled negotiator can help craft an optimal deal.
Rather than antagonistic, the negotiation process becomes a value-creating, integrative situation in which each side gets the best agreement they can.
8. What is med/arb and arb/med?
Med/Arb or Arb/Med represents a hybrid process in which Malette ADR | RED acts as a mediator and arbitrator with the goal of helping you resolve your dispute efficiently and cost effectively.
In a med/arb, the process begins with a mediation. If the mediation does not result in a resolution, Malette ADR | RED becomes an arbitrator and renders a binding decision.
In an Arb/Med the process begins with an arbitration. Malette ADR | RED prepares a decision but does not release the decision. Once a decision is prepared, Malette ADR | RED steps into the role of a mediator and attempts to facilitate a resolution. If a resolution is achieved, the decision is destroyed. If there is no resolution, the decision made in the arbitration is released and binding on all parties.
9. What are the benefits of this hybrid process?
Med/Arb or Arb/med is the best of both worlds. If your mediation fails, you will receive an immediate decision avoiding the need to wait months or years for a trial date.
10. What is the difference between mediation and arbitration?
A mediation is a non-binding process generally conducted by one mediator who does not judge the case but facilitates discussion and eventual resolution of the dispute. An arbitration is typically a binding process that can replace a full trial. A med/arb or arb/med offers you the best of both worlds. A real chance at resolution, otherwise closure by way of a binding decision.