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Legal Heart Beat

Avoid or resolve disputes

CONFLICT

Conflict and disputes happen for a reason. What one person wants is not what the next person wants. We all think we should have what we want. When our wishes clash with someone else's, there you have it. Conflict and dispute. Sometimes, people can sort disputes out for themselves. Other times they can't and so it's necessary to have an independent umpire or a resolution process.

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ALTERNATE DISPUTE RESOLUTION (ADR)

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There are numerous forms of ADR, agreed to be binding, agreed not to be binding, arbitration, conciliation, mediation, up to the formal level of court resolution. There are some selections to make and generally speaking, forcing the legal process out or attempting to is not necessarily upheld by the court. There are public policy issues about people's rights to access the court system which some judges uphold. Nonetheless, you can make an agreement to either, for the future or for operation now, proceed with an ADR process. If you wish to do that and all involved parties agree, we can assist you to set that up, manage it and bring it to a conclusion. An inquiry at reception (Live Help) will guide you through to the ADR processes.

WORKING FOR YOU IN ADR

As well as conducting the process for all parties involved in a dispute, in the alternative, we can take the role of advocate for you to advise you as to your circumstances and develop, with you, your proceedings and case in any dispute. Our personnel have expertise in a range of areas, and if we cannot service your needs ourselves, we can arrange for your representation using the process set out in our What's New section, working for you as a law broker to find the best advocate available. If you want assistance to improve your position in the resolution of a dispute,

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we can lead you in the correct direction and put you in a situation where your interests are protected. An inquiry at reception (Live Help) will guide you to the correct destination.

BITTER DISPUTES

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Most of the ADR processes involve an inclination to resolve the dispute. Dispute resolution can often be expensive and difficult and this leads people to agree to participate in dispute resolution. Sometimes the dispute has complex or bitter aspects and then each side needs a legal representative and then, after appropriate preparation, we go to an independent arbiter for a decision, or maybe a Court. Court tends to be the most expensive option. If parties have representation, we can either act for you or if your opponent wants us, them. We cannot act for both of you as adviser.
Advisers should genuinely attempt to resolve the dispute. There is a trend to running them all the way because it produces the highest level of fees. Whether we are involved or not, keep a lookout for focus on fee growth.

AVOID DISPUTES

The best position to be in with a dispute is not to have one. It's wise to see a developing dispute in advance. It's also wise to take stock of your position at that stage and assess what is important for you to hold if a dispute arises and what you can let go if it avoids the dispute for you. This involves a very rational approach to disputes which is always desirable. Sometimes disputes seem to pick up a life of their own, a very durable life which seems to prevent you resolving them, with any step fueling the dispute rather than resolving it. The emotional aspects are the life blood of disputes as opposed to calm rational thinking which can extinguish the fire and bring the dispute to an end. Some people are stimulated by the intensity and vigor of a dispute and stay in them for the excitement. Many different personalities and attitudes can be involved.

Another aspect of disputes is that they seem one way at the beginning but they can change with time and become more grueling, more tiresome, more demanding and then a completely unattractive position. Often that is accompanied by the parties being completely hostile towards each other so the ugliness continues with little prospect of resolution. This is what dispute resolution and avoiding disputes seeks to avoid.

For any help with disputes, contact us. Our receptionist (Live Help) is ready to take your enquiry.