Professional Determination

Sometimes clients are involved in disputes which escalate and end up in the courts.  Such cases are often sad because of the extremely high costs associated with fighting the cases,

Alan Blackburn is a trained facilitator and qualified mediator.  He is a member of the Institute of Arbitrators and Mediators and Victorian Alternative Dispute Resolution.

and the enormous time and focus such disputes involve.  Sometimes these disputes are with family members.  Although the courts may “settle” the court process often results in neither party being satisfied and the relationship between the parties being soured for life.

Alternative Dispute Resolution Processes

Mostly, there is a better way.  A range of alternative dispute resolution processes are available.  These include:

• Direct negotiation between the parties

• Facilitated negotiation between the parties

• Mediation of the dispute

• Expert determination

If you are not willing to try direct negotiation, or if you judge it is unlikely to succeed you can consider the other alternatives.

Facilitation and Mediation

Facilitation and mediation are similar, with facilitation often being used when the parties know there are issues (perhaps difficult issues) that need to be discussed and they want an outside facilitator to drive the process.  Mediation is used when the parties are in dispute but can see advantages associated with mediation compared to litigation.

The advantages may include:

• It is much cheaper

• It will be much quicker

• Scope exists to better maintain relationships following mediation compared to litigation

• It often leads to more acceptable outcomes

• It provides a good forum for fully airing grievances and issues in dispute

Although I use a mediation process developed at Harvard University, I vary the facilitation techniques and processes according to the situation.

During facilitation and mediation, I will not express opinions or make any judgments.  My role is to support the conversation between the parties who make their own decisions.

Expert Determination

Sometimes the parties in dispute seek the opinion of an outside expert.  They still benefit from a facilitated discussion of the issues in dispute but at times want the “expert” to assess a fair outcome.  Alan Blackburn also provides this service to clients.