Resolve disputes effectively
Avoid expensive and time-consuming litigation and “This dispute should never have got to this stage” through:
- Alternative dispute resolution
- Informal resolution of differences before big problems arise
- Negotiation
- Mediation
- Arbitration
- Adjudication
Experienced and accredited service
NEGOTIATION SOLUTIONS can offer a range of dispute resolution services, both formal and informal.
The best dispute resolution process for you can be adapted to the laws of the state or country concerned and the particular needs of the parties.
Our Principal, Geoffrey Ewing, is a mediator and arbitrator accredited by the Institute of Arbitrators and Mediators of Australia. He is also an Adjudicator registered under the Queensland Building and Construction Industry Payments Act 2004.
Mediation
Mediation is a process where an independent third party (Mediator) brings the parties in dispute together to help them arrive at their own resolution.
Mediation has been extensively used in Australia as an economical and fast way to resolve disputes between parties. It should be considered as soon as a dispute arises when the prospects for settlement are better and before entrenched positions make resolution more difficult.
Mediation is entirely private and the parties can seek resolution of their dispute without the unwelcome publicity that court proceedings often bring.
Arbitration
Arbitration allows the parties to design their own procedure with the assistance of the arbitrator or arbitrators and provides a facility to allow complex matters to be decided in weeks rather than the years similar matters can take through the courts.
Many commercial and construction contracts contain a clause providing for arbitration in the event of a dispute. Even if the contract in question does not have such a clause the parties can agree to refer the matter to arbitration. In most jurisdictions the parties can register the Award of an arbitrator and enforce it as if it were a judgement of a court.
Adjudication
Adjudication is a process designed to bring very prompt resolution to a dispute over payment of monies owed under a contract.
In some countries legislation allows parties to a construction contract to obtain a decision from an adjudicator which may allow an order for payment of money owing to be made within weeks of a claim being made.