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General Practice & Other Areas

6. Alternatives to Court

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Jul 2015
    6.  Alternatives to Court
  • While litigation (taking a matter to court) plays an important role in our justice system it is almost always time consuming, stressful and expensive.
  • Your general practice lawyer will be skilled in identifying options for resolving disputes outside of court.
  • This is referred to as alternative dispute resolution.
  • Alternative dispute resolution methods include:
    • negotiation;
    • mediation;
    • conciliation; and
    • arbitration.
  • Pursuing one of these options can be a smart alternative to litigation.
  • They are especially useful where you need to have a continuing relationship with the other party for example where the other party is your ex-spouse or an employer.
  • Alternative dispute resolution promotes peaceful and constructive dispute resolution as opposed to ‘battling’ a dispute out in court. See our Alternative Dispute Resolution topic for more information.
  • In mediation an independent person is appointed to try and help you and the other party resolve your dispute.
    • Mediation is usually a straight-forward, quick and relatively cost efficient process.
  • Conciliation is similar to mediation but the independent person is an expert in the area of law and can provide advice about the way the law works. 
    • Conciliators may also have extra powers such as being able to direct a party to do something until the matter is then heard by court.
  • Parties may still have to go to court despite attempting to resolve the dispute through alternative dispute resolution.
    • For example where parties cannot reach an agreement through alternative dispute resolution or where the matter involves a complex point of law that can only be decided by the court.

 

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