Of all the forms of alternative dispute resolution (ADR), the most common and simplest approach to a solution is for informal negotiations between the parties or their lawyers. This is an area in which Mullis and Peake LLP can offer considerable help, as with any of the alternatives including arbitration, mediation, and determination by independent expert.

Arbitration and determination by an independent expert are commonly required under commercial agreements or in leases of property. In arbitration, the arbitrator will give directions to each party, which usually includes making written submissions and giving disclosure of documents. In an expert determination, the expert will make his decision based not only on the parties submissions but also his own expert knowledge of the matter.

Mediation is effectively a formal negotiation process. The mediator is an independent person agreed by all parties, who attends to take oral submissions. The mediator shuttles between them to help reach an agreement but cannot force the parties to settle if they are unhappy.