Dispute resolution practitioners and party advisors each play an important role in dispute resolution (DR) processes. To be effective, it is essential that practitioners and party advisors are perceptive, adaptable and flexible, to develop processes specifically designed for the parties and circumstances of a particular dispute. Deciding which process or processes are most appropriate for a particular dispute can be one of the most challenging aspects of working in DR. The key question to consider in making this decision is: what will best satisfy the needs and interests of the parties?

Understanding and evaluating particular features of conflict and DR methods can help practitioners match particular disputes to the most suitable process for effective resolution. Once a process is selected, there are many design elements which can be varied to further ensure the process is suited to party needs and the circumstances of a conflict.

Read full article here: ADR process design


Helen Shurven: Member, National Native Title Tribunal
Clair Berman-Robinson: Practice Manager, National Native Title Tribunal