If you follow Stephen Twist's Barrister Blog, you will be aware of my previous proposals for private dispute resolution and the single Dispute Facilitation Centre.
Such was the interest the ideas have engaged, that a group of us decided to join together to make it happen.
The journey from 'idea' to 'concept' proved to be simple; for it was timely in terms of the recent developments within the public courts, and for the professions where alternative business structures are being encouraged.
The original idea involved a privatised court system. We realised that in taking this route, it would be all-too-easy to import the disadvantages of public courts, and to miss opportunities for cost effective streamlining of service.
Public courts are the last port of call for those who have been unable to resolve their differences. In going to court, the parties surrender every molecule of control and risk a judge they do not know giving them an outcome they do not want.
Leading up to this point, each party will have taken separate advice from separate lawyers at separate cost. The lawyers may never have worked together, and may have a financial interest in extending the conflict rather than containing it. Add to that, the duplication of effort and cost, the megaphone diplomacy of litigation and the raft of procedural steps and form-filling needed to plead a case.
The new concept
The real focus of the 'Dispute Resolution Centre' is resolution rather than dispute, bringing together under one roof every service that may be required to achieve this.
It is predicated on the basis that all of the parties to a dispute have agreed to proceed within the centre.
Here the parties are allocated a single, independent, impartial and dedicated facilitator, who will work with each of them to resolve their issues.
Our first step is to provide a critical path illustration of the quickest and most cost-effective way to reach a solution. Superimposed on this are the options available through the Centre should any initial path be blocked. For example, any party will be able to access independent legal advice within the Centre from a bank of lawyers, specialist in the particular field.
Should facilitation not resolve all of the issues, the dispute will proceed before a Centre Arbitrator, chosen by the parties as having specialist skills to deal with the particular dispute. The arbitrator's decision and award will be binding on them (just like a court order) and will be enforced by a court should the need arise.
Because each element towards resolution is provided within the Centre, we will take responsibility for providing the specialists required for the particular dispute. For example, in a boundary dispute, the choice of facilitator will be from a bank who have land law skills. Independent technical and legal advice will be available from specialists with a track record in that field. If one is needed, the arbitrator will be a land law practitioner or qualified surveyor.
The whole process will be managed transparently to save professional costs. Our initial calculations suggest that disputes will be resolved within days (if simple) and within 3 months for the more complex issues. Parties no longer require in-house counsel, or need to source outside specialist advisers and experts. The single facilitator will share appropriate information, cutting out the need for formal disclosure and discovery. Pleadings become a thing of the past, replaced within the Centre by a simple summary setting out the issues to be resolved. Where needed, the arbitral process may be conducted on the basis of written submissions, or short informal video-recorded evidence sessions, followed by a decision and award.
Still in its infancy, the Dispute Resolution Centre currently only accepts selected cases for the purpose of pilot evaluation. Our aim is to provide a one-stop-centre for every kind of dispute - where organisations, companies, firms, contract managers, human resource managers, communities, private individuals, parents and spouses can nominate the Centre in the knowledge that their issues will be swiftly and economically managed from initial conflict through to resolution.
Contact us here for more information or to discuss how we might be able to help.
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