The CODR Process combines the best aspects of mediation and arbitration to form an enhanced dispute resolution procedure. The result is a process that preserves relationships as best as possible while providing fair, efficient and conclusive resolutions to disputes.
Generally, it is advantageous from both a relationship and cost point of view to resolve a dispute by mediation. However, parties can often be entrenched on particular issues and, for one reason or another, can be unwilling to move or meaningfully negotiate. This is the environment in which arbitration is superior to mediation. Arbitration can provide the decision making rigour of a court room while providing privacy and the benefits of time and cost efficiency. However, most disputes are multi-faceted and cannot easily be categorised as either being for mediation or arbitration. This is where the CODR process excels.
How does it happen?
The process starts by CODR assessing your dispute and suggesting an expert that is best suited to resolve it. In making this decision CODR takes into account the cost, expertise and availability of the expert to resolve your dispute in a timely manner. The expert is suggested to the parties, and failing agreement CODR can appoint one.
The issues in dispute are then identified and refined by the parties and the expert through digital communications, and digital forms. After refinement of the issues the expert along with the parties will decide on the time frames for their matter. A digital meeting will then be convened in which the parties will mediate the dispute. Any matters that cannot be resolved via mediation will be determined by the expert at a later date. In coming to their determination the expert may require information or evidence from the parties, and a timetable will be set for such material to be submitted. If a determination cannot be made “on the papers”, a hearing can occur and cross-examination can take place (at the expert’s direction). Once the last written submission is filed (if the case is decided “on the papers”), or the hearing concludes, the expert will deliver his determination in 30 days.
Even a seemingly straight-forward dispute can often have many dimensions that reveal themselves once the resolution procedure begins. If you are interested in finding out more, please make an enquiry, or call 0800 CODR 00.