These days, the vast majority of civil and commercial disputes that arise between people or businesses go to mediation first before they proceed to a contested hearing before a Judge or a Tribunal. These can include –
Christopher Whitelaw, the Principal and a Director of Whitelaw Legal Group is a nationally accredited mediator as well as one of about 11 mediators currently approved by the Law Society of Tasmania.
Christopher has over 15 years of experience in mediating a wide range of disputes and is also the Principal of Tas Disputes Mediation Centre in Burnie – visit www.tasdisputescentre.com.au
The Tas Disputes Mediation Centre in Burnie is located at Suites 3 and 4 at 30 Cattley Street Burnie and is a fully equipped as a mediation venue.
No. Mediation can be conducted using a mix of telephone, video conferencing and email.
The Mediation Triage process will evaluate the most suitable and appropriate dispute management process and steps for each dispute.
Dispute Triage is a vitally important step in effective dispute management.
Most modern-day lawyers agree that litigation should almost always be the last resort as a dispute resolution option. Why? Because of the long delays, the huge expense and the very nature of the combative adversarial system makes the experience very stressful to most litigants.
That said, too many disputes still end up being litigated.
In our opinion the reason is that too many lawyers aren’t sufficiently skilled in ADR options and strategies.
ADR means “Alternative Dispute Resolution”. “Alternative” means “alternative to litigation.”
The main alternatives are –
Whitelaw Legal Group is one of the law firms that specialises in ADR and has even opened a fully equipped Mediation Centre.
When we conduct the triage process we –
If a dispute proceeds to court following this triage process it will be because it was worked out that there were good reasons to do so and that ADR options weren’t considered appropriate for that dispute.
Once a matter is taken to court and substantial legal costs are run up by each party it becomes harder and harder to employ ADR strategies to end the dispute on any terms that will see parties recoup their legal costs incurred up to that point. Each party will normally have to wear that cost.
We are a strong believer in the benefits of EADR – Early Alternative Dispute Resolution.
Conducting effective dispute triage will identify those disputes that are suitable for EADR.