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Mediation & Arbitration

Mediation and arbitration are powerful tools used by lawyers to settle disputes without the use of court action. A mediator facilitates the negotiation process between two parties who voluntarily consenting to find a solution to the problem. A mediator is an independent third party and will assist parties to identify the key issues in dispute and consider options and alternatives to settle the matter. Mediation can be voluntary, court ordered or required as part of a dispute resolution clause in a contract.

Arbitration is a process of dispute resolution and involves the appointment of an independent third party who hears both sides of the dispute and reaches a decision in favour of one party. In a practical sense, arbitration is quite similar to litigation – except that arbitrations are conducted outside of court. Unlike mediation, arbitration has a more structured and formal process. Although the arbitration is very similar to litigation, arbitration offers a more flexible and efficient process. It can often be finalised in a much shorter time frame than litigation.

If you need assistance regarding a dispute, talk to one of our experienced dispute resolution lawyers.

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Frequently Asked Questions

Litigation may not be the best solution to a conflict. One of the most common approaches is using mediation, negotiation and arbitration to find a constructive solution to resolving the dispute without having to go to court. Known as alternative dispute resolution techniques, there are a number of advantages to using this

Depending on the matter, there are different processes that occur in litigation which range from negotiation right up to trial. Litigation generally ends when the matter has been negotiated and settled or when the case is heard before the court and a final judgement is made. Not every dispute ends

Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. This limitation period varies depending on the cause of action, with a general rule

If successful you may be entitled to a remedy but this is up to the discretion of the court. A remedy may include damages in the form of a financial compensation; an injunction which is stopping a person from doing a specific thing; or it may require them to do

Generally where parties are in a dispute they should attempt negotiation first with the other parties in the hope to reach a settlement prior to court proceedings being commenced. If this fails then court proceedings can be initiated. The court then has its own process which involves stages of defining

If you have received a summons letter or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations. Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for

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