There are alternative dispute resolution processes which can, and in some cases, must be considered. These are an alternative to court proceedings.
These include written, without prejudice negotiations, face to face meetings, formal mediation, expert determination, mediation and arbitration. The effectiveness of these processes depends on the parties’ willingness to compromise and some options may be more effective than others, depending on the type of case.
For example, boundary disputes are very conducive to expert determination and mediation, where an independent third party surveyor can try to assist the parties with reaching an agreement at a site mediation. In more complex construction disputes, the parties are expected to have a face to face without prejudice meeting.
In every case, there should be some attempt at without prejudice, written or telephone negotiations.