Dispute resolution clause

Settling a dispute under such clause

Many contracts contain dispute resolution clauses. Under these clauses, the parties to the contract agree that for certain types of disputes they must try dispute resolution before they may sue in the courts. Such clauses often appear in contracts between service suppliers and consumers, or in standard form commercial contracts such the REIQ contract for sale of businesses.

These clauses are inserted because it is recognised that alternative dispute resolution provides a speedy, relatively inexpensive and effective way to resolve disputes. And resolving disputes in this way can have the advantage of maintaining confidentiality for both sides, because the dispute is not dealt with in a public court.

All the mediators introduced by this site offer services under such clauses, in particular:-

1. further negotiations (mediators are trained to act solely as facilitators in suitable cases where the parties negotiate directly)
2. mediation (more suitable for complex or emotional disputes or where the parties are legally represented)
3. conciliation (where the mediator takes a more active part in the resolution of the dispute)
4. independent expert determination (some mediators are experts in their own field and many are lawyers)
5. mini-trial (some mediators are qualified and experienced in acting in a judicial capacity).

These alternative dispute resolution procedures have a high success rate, and all mediators introduced by this site offer a relaxed process with sufficient time to deal with all issues however complex.

In the event that the dispute is not settled, the time and expense of the alternative dispute resolution process will not be wasted. This is because the court has powers to refer a matter to alternative dispute resolution once the claim is underway, but will be much less likely to do this if the process has already been tried.