Dispute Resolution
We can assist you to successfully resolve your dispute.
There are six main dispute resolution methods. They are briefly explained below:
Solicitor Assisted Negotiation involves your lawyer assisting you to negotiate a settlement. This can be provided in the background (eg drafting and settling letters and providing briefing notes to assist you in meetings with the commercial contacts from the other party). It can also be more direct (eg attending settlement negotiations).
Mediation involves a neutral third party assisting the parties to explore options to resolve their dispute. Theoretically, the parties generate their own settlement options and the mediator does not (consciously) impose or influence an outcome. Mediation can be ordered by a court, imposed by the terms of a contract or agreed to voluntarily.
Conciliation also involves a third party. However, unlike mediation where the third party is (theoretically) neutral, a conciliator actively assists the parties to settle. Conciliations are often part of a more formal process (for example Unfair Dismissal claims are conciliated before a formal hearing). In many cases they are linked to arbitration whereby a dispute that does not settle at conciliation moves straight to arbitration. Conciliation is a more coercive process than mediation.
Commercial Arbitration has many of the attributes of litigation (including representation, rules of evidence and the imposition of a decision by the arbitrator who is likely to have legal training and may even be an ex judge). Arbitration is a private process. Arbitrations can result in a more speedy outcome as there are no court list delays and no formal court processes (such as full discovery). However, there are very limited rights of appeal.
Tribunals usually deal with very specific matters or disputes where the use of a fully blown litigation would not be cost effective or appropriate (eg unfair dismissal, small consumer claims, discrimination claims and so on). Some tribunals do not allow lawyers to represent you. However, lawyers can still play a key role in assisting you to document and present your case.
Litigation is the most formal dispute resolution process available. We see commercial litigation as the last resort for resolving a dispute. It is slow and expensive. The outcome is often uncertain (especially where your case depends heavily on oral testimony or novel or unsettled points of law). Parties usually become entrenched in their positions and, in many cases, the costs end up exceeding the amount in dispute.
Remember it is your dispute, not your lawyer's dispute. You should make informed decisions about how to settle it. We can assist by explaining the options and the processes. We can advise on the strength of your legal position. This is essential for a proposed litigation. It is also critical for any other form of dispute resolution process as your bargaining position is directly, and heavily, influenced by the strength of your legal position. We can also assist you at the end of the process by drafting and/or reviewing the settlement agreement