Legal disputes can be detrimental to our health, our business, and our finances. We adopt a no-fuss, pragmatic approach to ensure that your dispute can be resolved as efficiently and cost-effectively as possible. We value alternative dispute resolution processes as a way to resolve matters without resorting to costly court proceedings. We are, however, strong advocates with a proven record for achieving successful outcomes for a range of litigious matters should you need to pursue your case in court.

We can assist with:

• Contract disputes
• Property and leasing disputes
• Building and construction matters
• Defamation and media cases
• Employment and workplace disputes
• Regulatory investigations and prosecutions
• Shareholder disputes
• Debt recovery, insolvency, and wind-up applications

Alternative Dispute Resolution

Not only is alternative dispute resolution now mandatory in many areas of the law, it can also be a cost-effective way to resolve a dispute before the need to prepare evidence. It also allows for more creativity in the resolution process, as the outcome is not limited to orders that a court is able to make.

Alternative dispute resolution (ADR) includes a number of different processes – informal negotiations and settlement conferences; mediations involving an independent mediator to test each party’s position; and more court-like processes, such as arbitration and conciliation. All these measures fall under the ADR umbrella.

Choosing the appropriate process for your dispute may be the difference between resolving your matter at an early stage or ending up in protracted litigation.

If you do manage to settle your dispute, it is important to have a properly drafted deed of release, which you can rely upon in order to enforce the agreement and release you from further liability.

How does mediation work?

Mediation is a popular form of ADR that can provide a low-cost solution to a legal problem. Mediation involves a neutral person (the mediator) meeting face to face with the parties to a dispute and assisting them to reach a resolution. The meeting is confidential, and the mediator does not provide legal advice, nor does he or she determine the dispute.

Mediation is best used when the parties are willing to negotiate in good faith and make genuine efforts to resolve the dispute. Even if the mediation does not provide a definitive outcome, it can at least identify and narrow down the issues in dispute.

Mediation is ideal even for highly complex matters where reports by experts may also be used for the process.

If an agreement is reached the parties can formalize their negotiations by entering into terms of settlement.

What are the benefits of mediation?

Litigation is expensive and can become protracted. In addition to the obvious cost and time savings, mediation has many other benefits, such as:

• The location, date and time for mediation is determined by agreement between the parties, as opposed to a court timetable. This means the dispute can potentially be resolved quicker and at the parties’ convenience.
• The mediation setting is less formal than a court hearing with a lower threshold for evidentiary formalities.
• The parties can explore more creative solutions to resolve their dispute which might not be available through court orders.
• Mediation offers an opportunity to preserve the parties’ relationship, particularly when they intend to continue working together. This is an important consideration in family law co-parenting matters as well as commercial arrangements where parties have ongoing contracts in place.

Our experienced dispute resolution team will work closely with you so you are aware of your options and properly prepared for your matter.

If you need assistance, contact one of our lawyers at [email protected] or call 08 8155 5322 for expert legal advice.