It is unfortunate, but a fact of life - disputes do arise, even
when we've had the best intentions. It happens in all walks of
life – not only between individuals but also in the corporate
We are often asked to steer clients through their disputes.
However, they do not always want to take the most aggressive option
–usually litigation –instead they want to preserve
their relationship with the party and work through the dispute
Depending on the nature and circumstances of the particular
conflict our clients are facing, we often recommend and adopt
alternative dispute resolution (ADR) methods, including:
Negotiation – where the parties engage
with each other and work towards resolving their interests
Mediation – involving a mediator who
facilitates and encourages discussion between the parties, allowing
the parties to achieve their own mutually beneficial outcomes
Arbitration - involving an impartial
arbitrator selected by the parties to determine any conflicting
A few key benefits of these less aggressive methods include the
Saves money – The court fees,
professional fees, barrister fees and many other disbursements
associated with litigation are not incurred, at least to the same
Saves time – Litigation can often be a
drawn out process with some matters taking years to be resolved.
Successful outcomes through ADR methods can be achieved more
quickly as the timing is determined by the parties
Greater control and flexibility – The
parties have control over the process and, more importantly, they
have control over the outcome of the dispute – which does not
occur in litigation
Confidentiality – Privacy can be
maintained when utilising ADR methods unlike in litigation where
the details and outcome of the dispute are available to the
If you are faced with a dispute with a party – whether
they be a business partner, supplier, franchisee, landlord or
family member, and you're concerned with maintaining your
relationship with that party, then ADR methods may be right for
Accordingly, it is important to seek legal advice as soon as
possible so we can analyse your dispute and take timely action to
preserve your relationship before it suffers irreparable
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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