Dispute Resolution

In Queensland, dispute resolution is a process by which conflicts between parties are resolved through means such as negotiation, mediation, or legal proceedings. While litigation – when the parties go to court to have a decision made about their conflict – is the most well understood type of dispute resolution, in fact most disputes are resolved by alternative means, most commonly through simple negotiation.

Negotiation

Negotiation involves the parties discussing the issues in dispute and working towards a mutually acceptable solution. Negotiation can be conducted informally, such as neighbours having a conversation over their shared fence. However, negotiation can also be facilitated by third parties, such as solicitors, who negotiate on behalf of their clients to reach a mutually agreeable solution. Negotiation can be particularly effective in resolving disputes that are not overly complex, where the parties are able to communicate effectively and are willing to work together to find a solution.

Mediation

Mediation involves a neutral third-party mediator who facilitates communication between the parties and assists them in reaching a mutually acceptable agreement. Mediation is typically confidential, and the mediator does not decide the matter – rather he/she encourages the parties to reach their own resolution. Mediation is particularly effective in resolving disputes where there are ongoing relationships between the parties, such as family law or workplace disputes. The presence of the mediator can help the parties to preserve existing relationships and reach an agreement on difficult topics such as the care of children following separation.

The Queensland government has established a number of institutions to facilitate mediation and other forms of dispute resolution. The Queensland Civil and Administrative Tribunal (QCAT), for example, provides a range of services for dispute resolution in a number of areas including consumer disputes, residential tenancy disputes, and disputes relating to building and construction. QCAT has a range of powers to facilitate dispute resolution, including the power to make orders and recommendations, and the power to enforce agreements reached between the parties.

Arbitration

Arbitration involves the parties agreeing to have their dispute resolved by an independent arbitrator, who makes a binding decision after the parties make their submissions. Arbitration can be particularly effective in resolving disputes where the parties want a decision to be made quickly, or where confidentiality is important.

Litigation

Legal proceedings are typically used when negotiation and mediation have failed to resolve a conflict, or where the dispute is too complex to be resolved through less formal means. Legal proceedings in Queensland are typically heard in the Magistrates Court, District Court, or Supreme Court, depending on the nature and value of the dispute. The court or tribunal with jurisdiction to hear and determine the matter will do so and order a remedy.

Litigation can be expensive and draining on the parties, however, may be the only option to enforce your rights or defend a matter. Court proceedings must be taken within a prescribed time, otherwise a claim will become statute barred. The cause of action must be clearly stated in the application or summons, and the parties will need evidence to support their case.

Once court proceedings start, the matter is subject to strict case management and the parties must comply with specified directions and processes regarding the filing and service of documents, the format of evidence and attendance at directions hearings, status conferences and pre-trial hearings. The court will usually require the parties to have participated in dispute resolution before a final hearing is set.

Parties involved in a litigated legal dispute may settle the matter at any stage without proceeding to a final court hearing. In such cases they will need to enter into a deed of settlement and consent orders to dispose of the proceedings in court.

We are skilled negotiators and can provide representation and advocacy in and out of the formal court setting to deliver workable solutions for a range of legal disputes.

If you need assistance, contact [email protected] or call 0403 017 636 for expert legal advice.