Software Dispute Resolutions
May 21, 2019
Commercial disputes can be time consuming, costly and damaging to the long term reputation and success of your business. If it comes to it, commercial disputes can be resolved in a court of law with the aid of a commercial lawyer. However, there are better ways to resolve disputes if you’re willing to be reasonable and talk things through with the other party.
Alternative dispute resolution, or ADR, is a method of dealing with commercial issues without going through the courts. They usually involve the use of a third party (such as a decent lawyer) who will act as the go between for you and the other party involved in the dispute. If problems can be worked out using ADR, you will probably save yourself money, time and a lot of bad press.
What Types Of ADR Are There?
There are a number of different types of alternative dispute resolution that can be used according to your circumstances. In some cases, more than one type of ADR can be used. The most common methods in Australia include:
Mediation – Commercial mediation involves the used of an impartial third party mediator who can work with both parties without vested interests. A mediator’s job is not to make agreements or discuss terms with both parties, but to act as a go between and to facilitate discussion.
Expert determination – This involves cases where the two disputing parties agree to use an external third party to resolve their problems. In many commercial cases, the external third party, or ‘expert’ is an experienced commercial lawyer.
Arbitration – Sometimes, both parties will agree to present their side of the argument to an impartial arbitrator, who will act like a judge and make a legally binding decision.
What Are The Benefits Of ADR?
The benefits of using an alternative resolution process and avoiding the courts are vast. Court proceedings can be expensive, can take a lot of time and can result in bad publicity if you lose. Some of the main benefits of ADR include:
- They help settle disputes faster, saving both parties valuable time and effort.
- They will save you money on lawyer fees and court costs.
- ADR processes are usually impartial and are hard to influence.
- They allow both parties to present their argument in a fair and impartial manner, reducing the risk of an uninformed judgement.
- If you run a small business without a lot of liquid assets, an ADR can give you access to justice without forcing you to go through court proceedings that you can’t afford.
As you can see, there are plenty of reasons why you should try and use some sort of alternative dispute resolution if you’re involved in a commercial dispute of some sort. Sure, you can always take the matter to court, but this should be a last resort rather than a first choice option.