Early Intervention through Alternative Dispute Resolution to Prevent Litigation
Disputes can severely drain both time and cash flow on a business. Using alternative dispute resolution methods can often lead to a conflict being resolved more quickly and efficiently than through traditional Court processes. This in turn allows parties to focus on the more important parts of their respective businesses.
Innovation Legal is experienced in all forms of dispute resolution including mediation, adjudication, arbitration and expert determination.
Our approach to Alternative Dispute Resolution:
- Quick, efficient and practical
- Costs effective and commercially-sound advice and solutions
- Allows you have greater input into the process (rather than a Court-directed process)
- Understand common interest of parties and negotiate and collaborate accordingly
- Create options and solutions for you that are not available to parties within the Court-led process
- Manage difficult parties and unwillingness in others to participate in good faith
- Wide access to a network of experts to assist in disputes
Mediation and Negotiation
Sometimes all that is required is an impartial mediator to bring the parties together and resolve their differences.
Mediations are often conducted over one or two days and collaborative “round-table” process which means that the cost and time away from a business will be manageable, hence minimising your opportunity loss. Innovation Legal has a wide network of experts in various sectors, so we are able to recommend a mediator that will be well-versed in the issues that are in dispute.
Based on our extensive experience in mediation and negotiation, we understand the importance of the early and proactive resolution of disputes and will strive to obtain commercial results for our clients.
Our Founding Principal, Jessica Rippon has completed the Harvard Law of Negotiation Course and is able to apply her skills of joint-problem solving to every negotiation and mediation and to allow the parties to reflect on a “win-win” outcome for both sides.
Adjudication
Adjudication is a popular, cost effective and simple method of resolving disputes and it is often the prescribed means of dispute resolution in certain industry and within industry-standard contracts. The process involves the appointment of a qualified and impartial adjudicator to review the dispute. After applications and submissions are completed, the adjudicator then reviews the submission from both parties to the dispute and then makes a binding decision in accordance with relevant statutes and laws.
Arbitration
Arbitration enables parties to a contract to decide for themselves the mechanism for which disputes are to be decided rather than by way of litigation. The resolution of a dispute through arbitration is intended to be swift, final, and private, which is why many corporations, government bodies, and business prefer arbitration over litigation. Further, the parties are free to agree which independent arbitral tribunal or body (arbitrator) should be appointed to determine the dispute, or alternatively one can be appointed under the provisions of the Commercial Arbitration Act 2010 (NSW).
Our team at Innovation Legal has vast experience in dealing with a wide range of disputes that have been resolved via arbitration. This experience has equipped our team with specialist insight of the arbitration process and the various strategies required for ensuring its clients achieve successful outcomes.
Expert Determination
Expert Determination can be a quick and cost-efficient way to resolve disputes of a technical or contractual nature. By using expert determination, parties to a dispute can agree to be bound by the decision of an independent third party who has the appropriate expert knowledge of a particular legal issue or subject matter. The chosen expert’s role is mainly investigative, taking in evidence from the disputing parties by way of written submissions, the contractual conditions and crucially, the knowledge derived from their own appropriate expertise. The lawyers in Innovation Legal have the requisite knowledge experience to guide you through the Expert Determination process and have conducted many expert determinations under the Resolution Institute Rules.
