Consider these Questions – Q1. Can I see a Mediator early in the dispute? Q2. When should I make this decision and what are the potential benefits? Q3. How Do I Know if I should see a Mediator first or a Lawyer first? Q4. What is Alternative Dispute Resolution and Where does Mediation fit into that? Q5. If
Bullying, sexual harassment or discrimination complaints – How workplace investigations should be managed to reduce complaints escalating to the Fair Work Commission. Complaints about bullying, sexual harassment and discrimination can occur in even the best run businesses. How you react however can be the difference between ending up in front of the Fair Work Commission and weathering the storm.
A COMMERCIAL MEDIATOR’S SELF EVALUATION CHECK LIST Trained and skilled Commercial Dispute Mediators provide strategies and ways to manage and resolve disputes so that litigation becomes unnecessary and a waste of time, money and resources. Also, using a commercial mediator can be far less stressful than facing the rigours and risks of full blown court litigation. Do you know
Litigation Madness is happening in the Family Court. Just recently I read in the newspaper that a divorcing couple spent 1.1 million in legal fees in the Family Court fighting over the division of property worth about 1.8 million. About a year ago, I came across another warring couple in the Family Court who had net assets of about 1.5
When is commercial litigation worth it? This is an important question for any business owner to ask before committing to litigation. The related question to ask is of course “Is there a viable better alternative?” Just recently I joined a webinar being presented by Australian Business Lawyers and Advisors to members of the NSW Business Chamber. In that webinar they
Yes, it is definitely possible to manage and resolve family law property disputes without distressing and expensive litigation and long delays in the family law courts. CDMC will explain how this is done. In fact, here is a link to an e book that will tell you exactly how we do it. Once you read it, feel free to call
Who are we, what do we do and how we can help We are a team of highly experienced negotiators, dispute managers, mediators and experts in dispute/conflict management and resolution. We specialise in helping small business owners avoid, manage and resolve commercial disputes. But why wait for a dispute to happen before contacting CDMC? We can help you re-write your
What is “Access to Justice” in a Commercial Dispute? Many lawyers, when they speak about “access to justice”, seem to confine this question and issue to meaning just one thing – access to the legal justice system. That is, access the courts and tribunals of the land. Courts and Tribunals are what you might call the “formal” justice
What is Unique about the Commercial Disputes Management Centre? WHAT WE ARE, WHAT WE DO AND WHO WE DO IT FOR We have the expertise and skills to be an important alternative dispute management and resolution resource to SMEs to help them bullet proof their businesses against the risk of unplanned and unwanted commercial and/or consumer disputes that might have
Lawyers Can Assist In Early Commercial Dispute Resolution: Business Owners don’t want their disputes to escalate, fester, spiral into litigation, cost them a packet in legal fees, damage important relationships and distract them from managing and growing their businesses. Lawyers have a critical role to play in business disputes. They can assist in early dispute resolution, in the containment
This is Part 2 of a 3 Part Series dealing with Business Disputes. Part 1 is already published on this blog. The chief aim of commercial dispute management is to contain the dispute and stop it escalating. The more a dispute escalates the more likely it will end up being litigated; or at the very least keep the parties embroiled
Business Disputes – Part 1 – Why do they happen and What are the Main Causes for them Escalating? Disputes will happen. It is an inherent risk in any business. A business that is not battle ready to deal with disputes quickly, early, efficiently, fairly and without harming important and valuable relationships, is an accident just waiting to happen.
The term “ADR” means “alternative dispute resolution” or “assisted dispute resolution”. It embraces forms or options or methods for dispute resolution that are an alternative to taking the matter to court and having a court decide the dispute. Courts and tribunals “decide” a dispute because the parties to the dispute are unable to resolve it between themselves. Going for a
Here is the link to Part 1 of this series – https://cdmcnational.com.au/litigation-hijack-protect-part-1/ The answer to “How do you avoid Litigation Hijack?” is found in many of the other posts on this blog, Here are some recent posts that reveal the answer – https://cdmcnational.com.au/commercial-dispute-escalators-escalator-1/ https://cdmcnational.com.au/commercial-disputes-escalators-escalators-23-4/ https://cdmcnational.com.au/commercial-mediations-effective-dispute-management-leads-quicker-dispute-resolution/ https://cdmcnational.com.au/commercial-disputes-mediation-role-lawyers/ In summary, business owners can literally bullet proof themselves against
Put simply, Litigation Hijack occurs when some one or some business is forced into litigation by another person or persons. The victim of litigation hijack does not litigate in a court or tribunal by choice, but does so because he/she/it has to in order to avoid the threat of a prejudical court order made against his or its interests. It
THE ROLE OF LAWYERS: HOW LAWYERS CAN BEST ASSIST EARLY DISPUTE RESOLUTION, CONTAINMENT OF COSTS AND THE PRESERVATION OF IMPORTANT COMMERCIAL RELATIONSHIPS. This is the fourth and final part of a 4 part series exploring the anatomy of successful commercial mediations. The prior 3 parts preceded this one and can be easily found. Lawyers have a critical role
The chief aim of dispute management is to contain the dispute and stop it escalating. The more a dispute escalates the more likely it will end up being litigated; or at the very least keep the parties embroiled in the dispute for longer. Disputes are usually anathema for business owners as they distract them from what they really want to
I covered the first escalator in the prior blog post. Here are the further ones – CAUSE OF DISPUTE/DISPUTE ESCALATION #2: POOR MANAGEMENT OF INTER-PARTY COMMUNICATIONS A key to success with early dispute resolution is the effective management of inter-party communications. A chief aim of an expert dispute resolver is to quickly and skilfully contain and de-escalate the
Commercial disputes are by and large business disputes. The include any dispute that can arise in the course of business transactions of any kind, including the sale of a business. Mostly, the people involved in a commercial/business dispute are business people. They are business owners and/or business managers. Their main focus is the success, growth and preservation of their business.
Every time there is a dispute it presents a unique opportunity to those involved in it to create someting better and superior out of the relevant relationship. It provides an opportunity to deepen the understanding between them and increase their awareness of the relationship’s potential for both of them and for their respective clients and customers. This is the ultimate