Alternative Dispute Resolution for Business
The strategies that we adopt at CBL Business Lawyers focus on our clients’ commercial goals and objectives. The experience that we have gained over the years in many different disputes allows us to determine whether a dispute may be capable of being resolved without recourse to legal proceedings, and whether resolving a matter in that way is in the best interests of a client.
If a dispute can potentially be resolved without litigation and without compromising commercial objectives, at CBL we often recommend to clients that they engage in alternative dispute resolution. In certain cases the parties to a dispute are required by their contract or agreement to engage in either arbitration or mediation prior to either party commencing proceedings. There are also cases where a dispute must be resolved by expert determination.
CBL acts in all areas of alternative dispute resolution. If you are interested in resolving a dispute without the need for formal litigation contact us for prompt and reliable advice, assistance and representation.
These are just some of the methods that we use for alternative dispute resolution:
- Negotiations, either formal or informal, to attempt to resolve a dispute.
- ‘Round Table Conference’ between the parties to a dispute and their lawyers, to attempt to resolve the matter in an informal setting and without the added cost of engaging a mediator or arbitrator.
- Mediation between the parties to a dispute where a formal mediator is engaged to assist to attempt to resolve the dispute, but where the mediator cannot make a binding decision as to the rights and obligations of the parties.
- Arbitration where a binding decision as to the rights and obligations of the parties to the dispute is made by a professional arbitrator.
- Expert Determination by an independent third party with recognised expertise in the subject matter of the dispute between the parties.
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The Institute of Arbitrators & Mediators Australia: A website containing a wealth of information of various forms of alternative dispute resolution