What is our Dispute Management Service?
We bring our expertise to work with you to develop a Dispute Resolution Plan to resolve your dispute. We manage the process, engage the resources and conduct the resolution process to an agreed timetable, before the matter ever gets to court.
Only about 5% of matters filed in a court are ever decided by the court. Therefore it is wise advice to try to settle a claim early when the relationship may still be salvageable and the resources committed are not too great.
We assist by the early, independent expertise we bring to developing a Dispute Management Plan for the dispute. As every dispute is unique, we focus on the issues, situations and people to develop a unique strategy for the resolution of your dispute.
Why are we different?
Dispute resolution is our whole business – we offer a complete dispute management service and have years of experience assisting people and organisations move beyond present challenges.
Mediation & Arbitration Centre has the experience in all forms of dispute resolution and the practical skills, understanding and capability to provide you with the best way to approach and resolve the situation.
- Bringing skill, knowledge and practical experience in finding the best processes to achieve resolution for all involved
- Diversity of experience to quickly appreciate your situation and if needed recommend ancillary professional services
- The ability to bring people together prepared to listen, consider and participate in discussions toward resolution
- The resources to manage resolution-focussed processes quickly, efficiently and effectively to produce a lasting agreement which allows all to move forward with their lives and business.
How do we assist you to resolve disputes?
We are early intervention specialists. We work to identify the best way to manage a dispute, issue or situation that is confronting your client or their organisation.
1. Work with ALL the parties and their lawyers, early.
Over there past 25 years, the role of judges has expanded from just being impartial and knowledgeable decision makers to being active case managers. Case management, a technique derived from arbitration, is one of the hallmarks of the modern litigation system.
But what happens before the matter is filed in court and reaches the judge. This is the area where dispute resolution can be most effective because parties are still looking for a ‘fair’ solution and have not yet become entrenched in positions. However, as no one is in charge of the overall management of the process or has the expertise or authority to marshall the resources required, the opportunity for early resolution is lost.
2. Spend the time and ask the questions to understand the stated (and unstated) objectives.
Disputes occur for all sorts of reasons and their resolution is dependent on clarity of objective. Before we arrive at a likely plan of action, we:
- sift the stated positions,
- identify the issues,
- test the interests and
- establish the relationships that matter.
3. Develop a Plan for the best way to bring an immediate and binding resolution to the situation.
We will quickly bring experience and expertise to understand and evaluate the situation, problem or challenge both practically and ethically.
We discuss options with you and develop a Plan for the best way to bring an immediate and binding resolution to the situation.
4. Manage the agreed process to guide the achievement of a resolution and any required ‘follow-up’.
Most matters, end up costing far more than anticipated by any individual party because no one is in charge of the early management of a dispute resolution process. We actively manage the agreed process to guide the achievement of a resolution and any required ‘follow-up’.
- Facilitate results focussed meetings
- Facilitating people and organisations agreeing resolutions of their challenges together (mediation)
- Actively engaging in processes to guide the development of workable agreements (conciliation).
- Having a thorough understanding of the situation, providing an opinion or determination of the best process to resolve the situation (arbitration).
5. We are experts in dispute resolution. We leave the law to you.
Although we are lawyers we do not second guess your opinion and we are not engaged to provide a view of how the High Court would decide the matter. Resolution does not happen by accident but by carefully listening to and understanding the expectations of ALL parties.
Our experience is in:
- developing agreements which are workable and will stand the rigors of time and circumstance. If needed, to provide ‘follow-up’ to monitor that the agreement is working as it was planned.
- providing a ‘one stop shop’ so that all issues are managed, thereby ensuring that the agreement will be practical and workable and effective
- avoiding lengthy, costly legal processes and providing early intervention strategies and mediation, arbitration and expert determination processes as required.
6. What if we do not reach a resolution by agreement?
Not every matter will resolve cooperatively. As stated above, at least 1 in every 20 matters does go on to court adjudication.
Even if that outcome is unavoidable, the effort in attempting a Dispute Resolution process is not wasted. The preparation of the dispute enables a focus on the real issues and thereby reduces the resources required including court time, costs and stress on all parties.
Take the action now that will bring resolution to your difficulties and disputes – book a free consultation with a Dispute Resolver.