Alternative Dispute Resolution - At a Glance
When people have a dispute they can’t resolve themselves, they often think of litigation as the next step. There are a number of alternative dispute resolution options available to help parties resolve their issues without the need to resort to litigation. Such options are often quicker, cheaper and less stressful.
Commercial contracts often require parties to utilise at least one alternative dispute resolution procedure before proceeding to litigation. For instance, a contract may require that the parties engage in dispute negotiations; participate in a private mediation; or appoint an expert or arbitrator to make a determination on the disputed issues.
These options should be considered at the start of the commercial relationship, before a dispute arises. That way, the parties can consider in advance the risks and benefits of each process and state in their contract how they want any future dispute to be dealt with. Agreement is rarely reached as to an alternative dispute resolution procedure after a dispute arises, making the prospect of litigation far more likely.
In the following link we have provided a table which sets out some basic information on the main dispute resolution procedures, which should be considered before deciding which path to take.
Click here to view Table
The material in this article is provided only for general information. It does not constitute legal or other advice.
Contact Grondal Bruining on +61 8 6500 4300 for advice specific to your circumstances.
Dean Grondal – Principal, GRONDAL BRUINING
Ph: +61 8 6500 4320
Email: [email protected]
Web: www.grondalbruining.com.au
ABOUT GRONDAL BRUINING
Grondal Bruining is a corporate and commercial law firm committed to providing the highest quality service. Our team is renowned for providing outstanding benefits to clients, delivering proactive, professional legal advice and litigation services. We represent clients in superior courts and tribunals and when using alternative dispute resolution procedures.
We have been recognised as a Leading Commercial Litigation and Dispute Resolution Firm and a Leading Energy & Resources Law Firm in Western Australia.
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Plain English Contract Advice for Contractors, Engineers, Consultants and Small Businesses | Lawyer | Facilitator | Trainer | FAIM
4 年I love the table Dean Grondal, it's great to see this kind of comparison presented graphically rather than a long block of text.
WA Director of Sales and Local Government Services at AMPAC Debt Recovery
4 年Fantastic read Dean. Valid points made in an easy to understand manner. Thanks so much for sharing.