Dispute Resolution Lawyers
At Burke Lawyers we build strong and holistic relationships with our clients to gain a deep understanding of the issues involved in a dispute and the goals that need to be achieved.
If you need assistance and support with a Business Dispute, Property Dispute or Estate Dispute we are here to help. Contact us today on + 61 3 9822 8588.
What does Dispute Resolution mean?
Dispute resolution is the term used for the legal process of formally resolving a disagreement (dispute) between two parties. Alternative Dispute Resolution is a term you will often hear as well and this involves the options available to assist in resolving a dispute. These Alternative Dispute Resolution options include negotiation, mediation, arbitration and other expert determination.
Dispute Resolution Process
The Dispute Resolution process will typically involve using one of the following options in an effort to avoid the stress and cost of proceeding with litigation.
Negotiation
This is the most self-explanatory of the options for alternative dispute resolution. Negotiation is the process where the parties involved negotiate a resolution. This process is generally managed by the lawyers acting for each party. The lawyers will will support and then assist to draft the final negotiated agreement between parties to achieve a positive outcome.
In the event that Negotiation cannot achieve a mutually agreed decision Mediation may then be recommended.
Mediation
Mediation is the process where the parties can discuss the issues in dispute with the assistance of a mediator to try and resolve the matter. The mediator is an independent person, specialised in the type of proceeding between the parties, whose role is to assist and guide parties toward any resolution, they do not decide on behalf of any party. Mediation is a confidential process so anything discussed in the mediation cannot then be used by any party in Court later.
Mediation can be used by the parties prior to any Court proceeding but most Courts do also require that the parties attend some form of mediation at some stage during litigation.
Arbitration
Arbitration is when a referral of the dispute is made to a neutral third party known as an arbitrator, but this time for determination. Arbitrators can make interim and final determinations. Arbitration sessions are conducted in a manner like litigation, but the hearing and determination is usually agreed by the parties to be private and confidential.
You may see clauses contained within your commercial agreements for arbitration to be conducted when a dispute occurs.
Expert determination can also be utilised (usually to determine one specific point in a dispute).
You also may hear terms such as a settlement conference, round table conference, without prejudice discussion – these are all terms used under Alternative Dispute Resolution as options for parties to try and resolve a dispute.
The advantages of using an alternative dispute resolution option can save parties both the time, money, and stress of unnecessary Court proceedings.
How can Burke Lawyers help you?
Contact us today on + 61 3 9822 8588.
- Alternative Dispute Resolution
- Conflict (including litigation) avoidance measures
- Risk Mitigation Strategies
- Dispute Strategy and Planning
- Evidence Gathering
- Discovery Assistance
- Commercial Arbitration
- Advice about legal action and remedies open to you
- Business, commercial, intellectual property, contract, equity, finance, building, construction, property and estate disputes
- Corporate (Corporations Act 2001), shareholder and partnership disputes
- Breach of director duties
- Employment disputes
- Debt recovery disputes
- Section 1782 Foreign jurisdiction discovery applications
Trusted Dispute Lawyers in Melbourne
If you need assistance and support with a Business Dispute, Property Dispute or Estate Dispute we are here to help. Contact us today on + 61 3 9822 8588.
A dispute can negatively affect your time and energy, finances and business, well-being, and day-to-day life. Our Dispute lawyers are highly experienced in alternative methods of resolving a dispute and are experts in developing risk mitigation strategies with a view to avoiding disputes altogether.
Where litigation cannot be avoided, our Dispute lawyers are strong and experienced litigators in all Australian state jurisdictions, the Federal Court of Australia, High Court of Australia and, internationally, including the United States.
We do the worrying for you to achieve the best possible outcome to enable you to get on with your life.
Why Burke Lawyers
We are here to help. At Burke Lawyers we build strong and holistic relationships to gain a deep understanding of the issues to resolve and the goals to be achieved. Our key focus with advice is to secure a successful outcome and solution. Every time.
If you need assistance with a Business Dispute, Property Dispute or Estate Dispute we are here to help. Contact us today on + 61 3 9822 8588.
