The initial response in a commercial dispute is often to fight it and defend yourself, and as one of Melbourne’s most experienced commercial litigation practices we can certainly advise you on this approach. Yet it is this same experience that ensures that we examine all the possible approaches and strategies at your disposal together with the likely outcomes across all of the options available to you.
Often it is an approach, or combination of approaches, involving negotiation, mediation, collaboration or arbitration will best suit your dispute resolution requirements. Besides being more cost-effective, alternative dispute resolution has some other significant advantages.
It is an incredibly flexible process, that all parties have greater control of; parties can agree on the type of resolution process, the place and time to do it and can further benefit from being able to discuss a broader range of issues that indirectly relate to an argument.
The main advantage of alternative dispute resolution approaches is that all discussions can remain private and confidential, unlike everything being made available on public record which occurs when disputes run through the Court system. In most business and shareholder disputes, a lot of information that is discussed is ‘commercial in confidence’ and alternative dispute resolution can ensure that intellectual property is kept safe and company and individual reputations aren’t publicly damaged.
Members of our Disputes and Litigation Team will closely consider all the facts of your dispute to ensure the most appropriate alternative dispute resolution is selected, with the objective that the best outcome for you is achieved. Madgwicks offers clients informal and formal alternative dispute resolution services across all of its service areas and industry groups and our team is experienced in initiating and defending disputes in all courts such as the Federal Court, Supreme Court, County Court, Victorian Civil and Administrative Tribunal (VCAT).
- Actions against borrowers and guarantors
- Administrative tribunal hearings
- Building and construction disputes
- Commercial arbitration
- Commercial contract disputes
- Commercial property and lease disputes
- Debt recovery
- Directors, shareholders, partners and business owner(s) disputes
- Employment law and industrial relations disputes
- Franchising disputes
- Intellectual property and information technology disputes
- Mergers and acquisitions disputes
- Sale of business disputes
- Workplace Health and Safety Disputes and Investigations