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Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Call: +61 3 8600 6000

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Alternative Dispute Resolution

Our first approach is often to try Alternative Dispute Resolution, which means we will try to negotiate or mediate a solution as an alternative to using the courts.

Our definition of ADR is anything that does not involve a decision by a judge. So that means this resolution option is very flexible and whether advising a plaintiff or a defendant, our first step is to assess the suitability of ADR. If we believe there is a chance of resolving the dispute in such a manner, we try this first.

However, we have found that nearly every dispute has a component of the ADR in its resolution, even if it is just lawyers debating the issues around a table. More formal ADR processes may involve the use of a third party – such as a mediator and an arbitrator – to try and sift through the information and to attempt a resolution of the dispute.

The benefits of ADR over litigation include:

  • more certainty over the outcome. Negotiating an outcome not only allows the parties to remain in control, but to be more creative with resolutions than the Court processes permit.
  • a better ability to control costs.
  • providing a quicker resolution than the court processes permit.
  • privacy, because courts are not involved settlements can have clauses around privacy and non-disclosure.
  • flexibility.

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