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 ideal goals to be achieved.

If you need assistance and support with a Commercial or Business Dispute, Building or Construction 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 usually a legal process to facilitate formally resolving a disagreement (dispute) between two or more parties. Alternative dispute resolution involves options available to assist in resolving a dispute that are not public determination by a judge in court or member in a tribunal.  These 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, amongst other things, the stress, delay and cost of proceeding with litigation.

Negotiation

This is the most self-explanatory of the options.  Negotiation is a process where the parties involved negotiate a resolution.  This process is generally managed by the lawyers acting for each party.  The lawyers will support and advise their clients to achieve a negotiated outcome and then assist to draft the final negotiated agreement between parties.

In the event that Negotiation cannot achieve a mutually agreed position, mediation may then be recommended.

Mediation

Mediation is a process where the parties can discuss the issues in dispute privately with the assistance of a mediator to try to facilitate a resolution of the dispute. 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. The mediator does not decide on behalf of any party or force a determination of the dispute on them.  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 during litigation.

Arbitration

Arbitration is the referral of the dispute 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 terms 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).

Terms such as a “settlement conference”, “round table conference”, “without prejudice discussion” are all other tools used in alternative dispute resolution for parties to try and resolve a dispute.

Some advantages of using an alternative dispute resolution option are saving parties 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 including advice about legal actions 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
• Evidence gathering
• Discovery assistance
• Section 1782 Foreign jurisdiction discovery applications
• Commercial Arbitration
• Employment disputes
• Debt recovery disputes

Trusted Dispute Lawyers in Melbourne

If you need assistance and support with a Commercial or Business Dispute, Building or Construction 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 (with Meghan Warren being admitted to practice in the United States).

We do the worrying for you to achieve the best possible outcome so that you can move forward in a more positive way.

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 ideal 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 Commercial or Business Dispute, Building or Construction Dispute or Estate Dispute we are here to help. Contact us today on + 61 3 9822 8588.