Rapid Dispute Solutions
COVID-19 changed the game, requiring Individuals individuals and businesses to find even quicker, more efficient, lower cost, online solutions for their of their issues and problems,.
We‘ve always believed that most commercial disputes should be resolved practically, quickly, economically and professionally, with legally-enforceable outcomes produced within days or weeks of commencement, not months or years. COVID-19 took this commitment to a whole new level, using online tools previously used only for support purposes.
Rapid Dispute Solutions is the result - a hybrid, online version of our Solution-Oriented Dispute Resolution (SODR) process, that achieves even more cost-effective solutions for relatively uncomplicated disputes, without any process quality compromises.
Rapid Dispute Resolution (RDR) is a minimalist, online version of Solution-Oriented Dispute Resolution (SODR). The process does only what is necessary to achieve fair, fast and cost-effective dispute resolution, without compromising the quality, or integrity, of outcomes.
RDR is only available as a private, opt-in dispute resolution process. It offers greater flexibility, increased speed, reduced costs, and better results by avoiding the substantial administrative and procedural overheads built into standard institutional models.
Key Question #1: If RDR processes don’t follow all the usual rules, isn’t there a greater risk of getting an unpredictable, unreliable process, and an unsatisfactory result?
Answer: We don’t believe so. Conventional dispute resolution, attached to courts and tribunals, operates in an adversarial paradigm that produces winners and losers. They aren’t genuine alternatives to court processes, because they’re part of those processes.
Genuinely non-adversarial processes are often closer to counselling than dispute resolution, because they prioritise self-determination over resolution of the dispute. And there’s no obligation on anyone to stay in the process, let alone achieve an outcome.
Rapid Dispute Resolution is totally solution-focussed: disputes are resolved as quickly, efficiently and cost-effectively as possible, using the most appropriate skills and processes, to achieve best possible (rapid) solutions.
This requires the flexibility of a hybrid process:
Rapid Dispute Resolvers attempt to facilitate a negotiated Agreement. If that fails, they make a contractually-binding, written Determination. If all parties agree to reject the Determination, the dispute is sent on to an Independent Decision Maker, for a Decision.
The parties always get a result, and the whole process can be completed within a week!
Rapid Dispute Resolution Process (SODR Online)
(1) Facilitation > (2) Legally Binding Determination > (3) Independent Decision Making
Rapid Dispute Solutions
(3-Phase Process) (guided by an Engagement Contract)
Facilitator helps parties to resolve their dispute.
If the parties can’t agree on a solution:
The Facilitator Determines the dispute, in writing. The parties are bound by the Determination, under the Engagement Contract.
We estimate at least 95% of all disputes can be resolved this way.
If all parties reject the Determination:
An Independent Decision Maker replaces the Facilitator/Determiner to make a binding Decision on the dispute. Their decision is binding, under the Engagement Contract. Note: there’s an extra cost for this.
Time and Cost Limits (from commencement to completion)
Phase #1 - Facilitation
Phase #2 - Determination
Phase #3 - Independent Decision
Phase #1 - 8 Days
Phase #2 - 10 Days
Phase #3 - 15 Days
Phase #1 - $1,000
Phase #2 - $1,000
Phase #3 - $1,000
Key Question #2: Do you genuinely want to resolve your dispute?
Answer: If “Yes”, Rapid Dispute Resolution will deliver.
If “No”, and one or more parties want to keep fighting; or worse, seek revenge, destruction, or self-justification, RDR is not the process for you.