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
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.
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 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
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
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
I had the pleasure of meeting with the Small Business Commissioner, Yasmin King, and with Candice Barron who is head of the Dispute Resolution Service provided by the Office of the NSW Business Commissioner. I initially thought that maybe the NSW Business Commissioner was dealing with the same kind of commercial disputes that Commercial Disputes Management Centre manages and mediates.
This is the introduction to a whitepaper I am working on for the Access to Justice Committee of the Law Council of Australia and is posted here to invite comment and insights from other people with an interest in Alternative Dispute Resolution. DRAFT WHITE PAPER FOR ACCESS TO JUSTICE COMMITTEE LAW COUNCIL OF AUSTRALIA Presented by Christopher Whitelaw MOVING TOWARDS
As I have mentioned in some of my other posts, for most Australian Lawyers, mediation is an event that takes place after the commercial dispute has already been filed in court. I am a Sydney Mediator and a Commercial Disputes Resolver and I know this for a fact. Yet I also know for a fact that most business owners would