Commercial Disputes - How to Avoid Litigation Hijack - Part 2

Published by Chris Whitelaw at May 7, 2014

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Here is the link to Part 1 of this series – https://tasdisputescentre.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://tasdisputescentre.com.au/commercial-dispute-escalators-escalator-1/

https://tasdisputescentre.com.au/commercial-disputes-escalators-escalators-23-4/

https://tasdisputescentre.com.au/commercial-mediations-effective-dispute-management-leads-quicker-dispute-resolution/

https://tasdisputescentre.com.au/commercial-disputes-mediation-role-lawyers/

In summary, business owners can literally bullet proof themselves against the threat of litigation hijack by taking these steps –

1. Have all your main business contracts reviewed and upgraded so that they have installed in them a set of dispute management and dispute resolution clauses that will protect against Litigation Hijack;

2. Implement internal dispute handling policies that support and dovetail with these contract clauses;

3. Deal with disputes early and efficiently by following the stepped process spelt out in your contracts and internal policy and know when to engage the services a skilled dispute resolver.

4. Understand that your lawyer may not be the best person for the job of early, quick and low cost dispute resolution, unless he or she is fully trained in the art of early non-litigious dispute resolution. It is a sad fact that many lawyers are not, and because of this more disputes end up being litigated that need to be.

For more information call 1300 305 372

Christopher Whitelaw

Principal of Commercial Disputes Management Centre, Sydney