Commercial Disputes

Process Features and Outcome Requirements

What?  Commercial disputes and disagreements are a fact of life.   They respond best to prompt, business-like, objective processes.

 

Why?  You need to get things resolved as efficiently and quickly as possible, so you can get on with running your business and your life.

  

How?  The process needs to be: fair, time and cost-efficient and effective, and final.  You don’t want to waste time, effort and money on something that, at best, will only get you to where you would have been had the problem not occurred.           

Recommended Processes

Resolved by Agreement:       (1) SODR. 

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The process is highly inclusive, so it can help to repair, strengthen and re-focus damaged commercial relationships, as it works through issues in dispute.    SODR will provide a final outcome.   

Resolved by Decision:           (1) SODR. 

(2)  Independent Decision or Expert Determination 

(3) Arbitration. 

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SODR can move from being facilitative to decisional, so it can address both human and commercial issues with authority. 

Other decisional processes will achieve final and binding outcomes efficiently, but tend to focus on the material aspects of the dispute, and are therefore much less cathartic for ongoing commercial relations. 

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L 5 / 485 La Trobe St

Melbourne,

Victoria,

Australia. 3000

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