Several different methods have been developed for the resolution of disputes.
The Trial Court may refer the parties or they may mutually agree to have the case arbitrated. Arbitration involves a neutral third party who hears evidence about the dispute and renders an decision. The result may be binding or non-binding, based upon the parties' agreement.
In mediation, a neutral third party assists disputing parties in reaching a mutually acceptable settlement of their dispute.
Neutral Case Evaluation
In neutral case evaluation, the third party assesses the strengths and weaknesses of the parties' contentions and evidence, based on written and oral presentations, and offers a valuation of the case
The neutral third party decides factual disputes after conducting an investigation. This is particularly helpful in accounting cases where the evidence is extensive.
The parties present their best case in a summary fashion to the neutral third party who renders a non-binding opinion. This process may include impaneling a jury.
The parties informally meet with the neutral third party to explore options for settling their dispute.
Adjudication by Referee-Pro Tem Judge
The parties select a neutral third party who will act as a regular sitting judge, and the matter is adjudicated as if it were a trial with a court reporter and all rights of appeal. The advantages of this procedure through the RCBA Dispute Resolution Service are to allow the parties to choose a certain date and rapidly conclude the case without interruptions.