Our lawyers are experienced litigators. However, in certain circumstances litigation is not the appropriate method of obtaining the optimal outcome for a commercial dispute. Our litigation lawyers are able to advise as to the advantages and disadvantages of using a range of alternative dispute resolution methodologies, including by way of arbitration and mediation.

Our lawyers are experienced in advising clients engaged in arbitration, for example in arbitration ordered by the Supreme Court of New South Wales in order to resolve a significant commercial dispute, and in other circumstances. Arbitration generally involves the referral of a dispute by the parties to an independent third party for determination. The primary benefit of using arbitration over a court process is that generally an arbitration will permit a confidential, speedier and often more cost-effective resolution of a dispute, and gives the parties certainty that there will be an outcome. Arbitrations can be handled under the Commercial Arbitration Act or via a set of arbitration rules agreed to by the disputing parties.

Mediation, on the other hand, while permitting confidentiality, the rapid processing of a dispute and cost effectiveness, will not necessarily result in the conclusive outcome of a dispute. A mediation, unlike an arbitration, will not usually impose a decision on the disputants. A mediation, however, can be an immensely beneficial method of dispute resolution that permits the parties to jointly formulate the best possible outcome in the disputing parties’ respective circumstances.

Our lawyers would be happy to represent and advise you in the context of your mediation or arbitration and we regularly brief junior, senior and queens counsel where appropriate to provide additional representation.