Alternative Dispute Resolution Lawyers for Australian Businesses

Direct negotiation can provide an opportunity to resolve a dispute before formal proceedings become necessary.

We assist with:

• assessing legal rights and obligations;
• identifying commercial priorities;
• developing negotiation strategies;
• preparing settlement proposals;
• responding to offers and counteroffers;
• conducting without prejudice discussions;
• drafting correspondence;
• quantifying claims and potential exposure;
• negotiating payment arrangements;
• preserving contractual and legal rights; and
• documenting agreed outcomes.

We help clients approach negotiations with a clear understanding of their legal position, practical alternatives and settlement parameters.

Mediation is a structured process in which an independent mediator assists the parties to explore whether an agreed resolution can be reached.

We advise and represent clients in mediations involving:

• contractual disputes;
• shareholder and partnership disputes;
• employment and workplace claims;
• business ownership disputes;
• debt and payment claims;
• supplier and customer disputes;
• professional services disputes;
• property-related commercial disputes;
• claims already before a court or tribunal; and
• disputes referred to mediation under a contract.

Our assistance may include preparing mediation position papers, reviewing evidence, advising on settlement strategy, representing the client during the mediation and documenting any resolution reached.d terms and identify provisions that should be clarified, negotiated or amended.

Conciliation commonly arises in employment, workplace and statutory dispute processes.

We assist clients with:

• Fair Work Commission conciliations;
• employment and workplace disputes;
• general protections matters;
• unfair dismissal claims;
• discrimination complaints;
• regulatory dispute processes;
• statutory conciliation conferences;
• preparation of position statements;
• settlement negotiations; and
• deeds of release and settlement terms.

We help clients understand the purpose of the conciliation, the relevant legal and commercial risks and the potential options for resolving the matter.y, we help the business assess its position and pursue an appropriate strategy.

Arbitration allows an independent arbitrator to determine a dispute outside the conventional court process.

We advise clients on:

• arbitration clauses;
• commencement of arbitration;
• appointment of arbitrators;
• procedural requirements;
• preparation of claims and responses;
• documentary and witness evidence;
• written submissions;
• preliminary and procedural issues;
• settlement during arbitration;
• arbitral awards; and
• enforcement considerations.

Before pursuing arbitration, we assess the relevant agreement, the scope of the arbitration clause and whether arbitration is appropriate for the dispute.

Expert determination may be appropriate where a dispute concerns a specific technical, valuation, accounting or industry issue.

We assist with:

• interpreting expert determination clauses;
• defining the questions to be determined;
• selecting or appointing an expert;
• preparing submissions and supporting evidence;
• responding to the other party’s position;
• procedural correspondence;
• considering whether the determination will be binding; and
• implementing or challenging the outcome where appropriate.

The governing contract should be reviewed carefully before the process begins, as it may prescribe the expert’s authority and the effect of the determination.lp prevent unnecessary escalation and protect the organisation’s rights.

Early neutral evaluation allows an independent person to provide a preliminary assessment of the dispute or particular issues.

We assist clients with:

• determining whether evaluation is appropriate;
• agreeing on the scope of the process;
• preparing concise statements of position;
• identifying the key legal and factual issues;
• presenting relevant evidence;
• considering the evaluator’s assessment; and
• using the outcome to inform further negotiations.

An early evaluation may help parties identify strengths and weaknesses before incurring the cost of more extensive proceedings.ugh to pleadings, evidence, interlocutory steps, mediation and hearing. Our approach is commercially focused, with careful consideration given to the strength of the claim, the likely costs, the prospects of recovery and the broader impact of litigation on the business.

A negotiated outcome should be documented clearly and comprehensively.

We prepare and review settlement documents addressing:

• settlement payments;
• release of claims;
• confidentiality;
• non-disparagement;
• withdrawal or discontinuance of proceedings;
• admissions or non-admission of liability;
• return of property and information;
• ongoing contractual obligations;
• payment dates;
• default provisions;
• costs;
• tax considerations; and
• enforcement of the settlement.

Clear settlement terms can provide certainty and reduce the risk of further disagreement.ments, the debtor’s position and whether recovery is commercially proportionate.