Commercial Dispute Resolution

October 11, 2016

Commercial Mediator – Self Evaluation Check List

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
July 15, 2015

Dispute Resolution – When is Commercial Litigation Worth it?

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
June 20, 2014

Lawyers Can Assist In Early Commercial Dispute Resolution

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
June 16, 2014

The principles of effective commercial dispute management

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
May 20, 2014

Business Disputes – Causes and Escalators – Part 1 of 3 Part Series

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.
May 7, 2014

ADR in Business Disputes – What’s included?

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
May 7, 2014

Commercial Disputes – How to Avoid Litigation Hijack – Part 2

Here is the link to Part 1 of this series – 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 –   In summary, business owners can literally bullet proof themselves against
May 3, 2014

Litigation Hijack – What it is and How to Protect Yourself Against It – Part 1

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
April 20, 2014

Commercial Disputes Mediation – The Role of Lawyers

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
April 19, 2014

Commercial Mediations – Effective Dispute Management leads to Quicker Dispute Resolution

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
April 19, 2014

Commercial Disputes Escalators – Escalators 2,3 and 4

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
April 19, 2014

Commercial Dispute Escalators – Escalator #1

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.
March 15, 2014

A New Paradigm for Commercial Dispute Resolution

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
March 3, 2014

Commercial Disputes Management and Resolution – Seven Case Studies in early commercial disputes resolution

CASE STUDY 1– AN IT DISPUTE The names of the parties must be kept confidential. The facts in brief – This dispute was between a Principal IT contractor and a sub-contractor. The Principal Contractor won a major IT contract from a major client. It was worth millions of dollars. The Principal had to rely on the sub contractor to perform
March 3, 2014

The Commercial Disputes Management Centre – for Business Owners Who Prefer not to Litigate their Disputes

    FREE | NO OBLIGATION | CALL 1300 305 372   Do you have classic small business concerns?   Worried about staff disputes wasting time, money and energy? Are your suppliers too powerful to argue with, sick of fighting with them? Nervous about a customer suing you or a competitor trying to take you out? Concerned about your exposure
February 12, 2014

Mediating Commercial Disputes – Some Important Tips

Tip No 1:  All Litigation originates from a dispute starting somewhere. If you prefer to avoid litigation, then you need to give serious attention to dispute management. If a dispute is correctly managed, from the start, the risk of litigation is greatly diminished.  If your business is of a kind that makes you more vulnerable to disputes happening, then it
February 2, 2014

Commercial Dispute Conflict Resolution – Explaining “Triage”

Triage is a key concept in the use of dynamic Alternative Dispute Resolution (ADR) as applied to Commercial Dispute Conflict Resolution. Triage is the first essential gateway for any dispute to travel through as part of a coordinated conflict resolution management plan. I am a Sydney based Commercial Disputes Mediator, and Triage is fundamental to the way I work with
January 20, 2014

Understanding Paradigms is Vital to Commercial Dispute Resolvers

I am a Sydney Mediator. I specialise in Commercial Disputes. Understanding paradigms and how they can control the behaviour of those involved in the dispute is crucial to the way in which I work with the parties. A big part of my job is to help the parties remove what stands in the way of them resolving their dispute. Very
January 13, 2014

Resolving Commercial Disputes. Litigation is an avoidable Risk. Learn How.

  Litigation is an Avoidable Risk Most Business Disputes can be resolved early, fast, cost effectively and without harming important relationships   Taking your dispute to your local law firm could be the worst decision you make. Read this message to find out why.   A Message from Christopher Whitelaw, Principal of the Commercial Disputes Management Centre, Level 2, 102
January 6, 2014

Mediating Business Disputes – Sydney Mediator – The Art of the Mediator

Hello, I write all my blog posts for people in business. The photo here is me pondering what I will write in this next post. My target audience are owners of an SME – a small to medium size enterprise (business). What can I say that will help them better understand how they can better help themselves to avoid disputes,