Contracts & Leases
Private & Commercial
Process Features and Outcome Requirements
What? Contracts and leases are standard legal constructs. 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 the rest of your life.
How? The process needs to be: fair, time and cost-efficient and effective, and final. It requires participation from all relevant stakeholders - so in a lease situation we require participation from tenants, landlords and property financiers.
It needs to be quick, cheap 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. At the same time, the process needs to recognise current realities, such as the unforeseen effects of COVID-19.
Resolved by Agreement: (1) SODR.
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
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.