An estimated 90% of legal matters are settled before court. A significant reason behind this is the increasing shift towards alternative dispute resolution processes, which can save parties time and money.
Mediation is the process in which a neutral third party assists parties to resolve their dispute. In Queensland, a court can force parties to mediate. Mediation encourages the disputants to take an active role in the discussion, which may take several hours. We recommend you consult a legal professional to assist you in your mediation, as it is important to know your legal rights beforehand.
Arbitration is where a neutral third party will evaluate a dispute and give a binding decision, which is called an ‘award’. Arbitration is typically only reserved for companies. It is crucial that both before and during an arbitration, parties know their legal rights and responsibilities. Without a lawyer parties can be awarded outcomes that are far less than what they deserve.
If you would like tailored, expert legal advice regarding alternative dispute resolution processes, contact a member of our Litigation and Dispute Resolution team.