Dispute Resolution
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In almost every dispute, whatever the area of law, there is a component of dispute resolution. There are many different types of dispute resolution, from conventional negotiation to mediation and arbitration. It is essential that the most appropriate dispute resolution process is used to achieve an acceptable outcome.
Whether the matter is Family Law, Commercial law, Immigration Law, Aged Care Law, Employment Law or other areas of law, our approach is to do whatever is possible to minimise the likelihood of litigation, or where that is not possible, to limit the matters in dispute.
In considering any dispute it is crucial to ensure that the dispute resolution process that is utilised is relevant and appropriate to the dispute, the client and the desired outcomes. The utilisation of an incorrect dispute resolution process may have a negative effect on the outcome of a dispute.
The following summaries of some dispute resolution processes provide an indication of the range of processes that may be considered in any given dispute:
Melbourne's Trusted Dispute Resolution Laweyrs
We know Dispute Resolution matters touch the most personal parts of your life. Our team at Bentleys Law is here to help with:
Our first approach is to utilise the most appropriate form of dispute resolution, and the range of options is often described as falling within Alternative Dispute Resolution. We take a flexible approach in ensuring that there is a match between the nature of the dispute, the client and the desired outcomes.
As a consequence, we may advise that the best option is to negotiate between respective lawyers or alternatively seek the intervention of an independent third party who would act as a mediator or conciliator.
On the other hand, it may be appropriate to consider early neutral evaluation, where an independent person assess both sides of a dispute and provides an assessment of the respective positions.
There are, of course, other dispute resolution procedures that may be used in any given set of circumstances. In consultation with our client, we will provide guidance and advice concerning the most appropriate process to be used in any given dispute.
The client’s understanding of the range of potential dispute resolution processes is crucial, and we are committed to ensuring that our clients fully understand the processes that are available and applicable to the relevant dispute.
There are numerous benefits of utilising any one or more of Alternative Dispute Resolution processes including:
- It is easier to control the costs associated with a dispute. Once a dispute becomes the basis of litigation, the costs become a potential concern to clients.
- There is more certainty about the desired outcome in that the client is in control of the dispute resolution process. The client is able to be much more flexible in considering potential outcomes.
- The process is much quicker than the normal timelines that occur in Court-based matters.
- In the absence of Court processes privacy can be assured as part of the dispute resolution process.
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