Mediation, Arbitration & Expert Determination Explained

Disputes happen. The court doesn’t have to.

Before heading to court, take a breath… There are smarter, faster, and more cost-effective ways to resolve a dispute.

In Australia, the three main options are:

• Mediation – A neutral facilitator helps parties reach an agreement.
• Expert Determination – An industry or legal expert hears both sides and decides the outcome.
• Arbitration – A more formal, but still private and faster alternative to litigation.

Benefits? Plenty:

• Confidential and private
• Less adversarial, more focus on resolution
• You choose an expert who understands the issue
• Can preserve business relationships
• Often much cheaper and quicker than going to court

Sometimes contracts even require mediation or other forms of dispute resolution before litigation is allowed. And even when they don’t, courts often encourage it anyway.

Most disputes can be resolved if both parties genuinely want to move on. The key? Choose the right process for the issue.

Sign up to read the full article and more helpful tips.