Alternative Dispute Resolution

With a dispute of any kind, litigation should be seen as a last resort.  There are various ADR processes outside of the court system which may be better utilised to resolve a dispute in a manner which preserves relationships, confidentiality and achieves a cost effective outcome within a reasonable time frame.  In some cases, particular forms of ADR are required. 

Kott Gunning’s ADR team is comprised of 3 Partners with training and qualifications in this area who can utilise their expertise to:

  • advise whether a dispute is suited to any particular form of ADR process
  • represent a party to that process
  • be appointed by the parties to a dispute to mediate, arbitrate, or adjudicate the dispute as appropriate.

Mediation

Mediation is a process in which an independent, accredited mediator facilitates co-operative discussion between the parties to help them identify and discuss the issues with an aim to them reaching an agreement that they can both accept.  The process is fast, confidential and inexpensive.  Mediation may be appropriate for any type of dispute, whether of a commercial, inheritance or other nature.

Arbitration

Commercial disputes are often resolved under the Commercial Arbitration Act for very small to very large value claims.  These are which are determined either according to the law or what is fair.  The process is similar to a private and confidential court process. 

Adjudication

Construction contract disputes are formally determined by an accredited adjudicator under the Construction Contracts Act 2004.  The principles of natural justice are applied, and the procedure may be varied to the size and complexity of the dispute, which can be very cost effective and informal for construction disputes from the smallest to the largest.

Accreditation

  • Laurie James: Accredited Mediator, Grade 1 Arbitrator, Adjudicator, WA Energy Disputes Arbitrator
  • James Saunders: Accredited Mediator and Adjudicator
  • Mark Fatharly: Accredited Mediator