As each problem is different, the right dispute resolution method will depend on a range of factors including cost, time, formality and the solution you desire. Alternative dispute resolution methods such as negotiation, mediation and arbitration can offer fast, flexible and cost effective solutions to a wide range of disputes.
If you need to go to Court, our experienced and skilled advocates can represent you in civil litigation proceedings.
Becker & Co has extensive experience in resolving disputes. Contact us today to discuss how our experienced team can help you to proceed.
- Relationship Property Disputes
- Property Disputes
- Trust Disputes
- Company disputes including director and shareholder issues
- Summary Judgment
- Specific Performance
- Family Protection Act
- Testamentary Promises
Negotiation is a very flexible process, controlled entirely by the parties and their representatives. Through interest-based negotiation, the focus is on meeting the underlying interests of the parties and ensuring a mutually beneficial solution is reached.
Mediation is a confidential and flexible process. The parties and their representatives resolve the dispute with the assistance of an impartial third party mediator who will assist to work through the issue. The mediator will encourage the parties to discuss their issues and explore solutions which are beneficial to both sides. If an agreement is reached, this will be recorded and is usually binding and enforceable.
While appropriate for a range of disputes, mediation is particularly encouraged by the Employment Relations Authority in an effort to achieve early resolution of employment issues. Once an employment grievance has been filed, the next step is often a mediation.
Arbitration is a private and confidential matter, governed by the Arbitration Act 1996. The arbitrator will hear the dispute and issue a binding decision. While less formal than litigation, the process is more formal and structured than mediation or negotiation.