When a business is faced with a commercial dispute, what are its choices to manage and deal with that dispute in the most effective and efficient manner and how does it weigh up the options and make the right decision?

Good question!

Your level of awareness of the options available to you, and what each option has to offer you, will obviously influence your decision.

So let’s examine them. What is the menu of choice and how do you decide what to select?

First the MENU -

    1. Negotiation with the help of an expert in negotiation;
    2. Commercial Dispute Management using the services of an Expert in Commercial Dispute Management;
    3. Commercial Dispute Mediation – using the services of an Expert in Commercial Disputes Mediation;
    4. Neutral Expert Appraisal/Determination – to provide an appraisal report and/or Determinatiuon on some technical issue in the dispute (either binding or non-binding);
    5. Conciliation Services;
    6. Arbitration;
    7. Hybrid processes – eg. Mediation/Arbitration or Arbitration/Mediation or Med-Arb-Med or Arb-Med- Arb etc.
    8. Arbitration Services;
    9. Neutral Pre-Action Evaluation by a judge who will not hear the case if dispute proceeds to litigation;
    10. Courts and Tribunals – by commencing Litigation.

As you can see – there are many options and choices open to you.

Next step – how do you evaluate and weigh up the different options?  This is where it can get quite complex for the novices and uninitiated.  This is where things can go wrong if you go to the wrong person to get that initial advice and assistance to consider the options and make a selection from the menu. Making the wrong or poor choice can have enormous consequences for you, and in some cases may spell the difference between staying in business and going out of business.

I will cover each of the Menu Items with you to help you better able to make a selection.

The first key level of choice and decision making will depend very much on neither party in the dispute having yet made a decision to litigate the dispute by filing some formal claim (called a pleading) in a court or tribunal that has jurisdiction to hear and determine that dispute.

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