What is the difference between mediation and arbitration?

Mediation involves an independent mediator helping both parties reach their own agreement, while arbitration involves an independent arbitrator making a binding decision after hearing both sides. Both are generally less formal than court proceedings.

What factors affect how a dispute is resolved?

The way a dispute is resolved depends on factors such as the complexity of the issues, the relationship between the parties and whether an early resolution such as mediation is appropriate. Some disputes are resolved through negotiation, while others require formal proceedings.

Can a dispute be resolved without going to court?

Many disputes can be resolved through mediation, arbitration or direct negotiation between the parties, without the need for court proceedings. Whether this is possible depends on the nature of the dispute and whether both parties are willing to negotiate.

Litigation & Dispute Resolution

Dispute Resolution & Litigation in Newcastle

When a disagreement can't be resolved informally, we represent clients in mediation, arbitration and court proceedings. We look at every option available before recommending the most suitable path forward.

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Resolving Disputes the Right Way for Your Situation

Not every dispute needs to end up in court, but some do, and knowing which path suits a particular situation makes a real difference to the outcome and the cost involved. At Peter Evans and Associates Solicitors & Conveyancers, we handle litigation matters for clients across Australia and Newcastle, acting for both plaintiffs and defendants in the Supreme Court of New South Wales.

Before recommending court proceedings, we consider whether mediation, arbitration or negotiation might resolve the matter more efficiently. Many disputes we handle for clients also touch on commercial law, particularly where a dispute has a business dimension. Call (02) 4926 4788 to talk through a dispute with our team.

Discussing a dispute resolution matter across a meeting room table

Ways We Help Resolve a Dispute

Litigation and dispute resolution covers a range of approaches, and we tailor ours to each matter:

Court proceedings

We represent clients in the Local, District and Supreme Courts of New South Wales. Every step of a matter is explained clearly as it progresses.

Mediation

We attend mediation with clients to help reach a resolution without the need for a court hearing. This can often be a quicker and less costly path.

Arbitration

We represent clients in arbitration where the parties have agreed to have a dispute decided outside of court. This approach can suit disputes involving specific technical or contractual issues.

Negotiation

We negotiate directly with the other party or their legal representatives on a client's behalf. A well-handled negotiation can resolve a dispute before formal proceedings begin.

Choosing Between Litigation and Alternative Dispute Resolution

Deciding whether to pursue court proceedings or an alternative such as mediation or arbitration depends on the nature of the dispute, the relationship between the parties and what each party is hoping to achieve. We review the facts of a matter, the evidence available and any contractual terms that may set out how disputes are meant to be resolved before advising on the most appropriate approach. Clients are asked to provide relevant documents, correspondence and a clear account of events early in the process, as this helps us form an accurate view of the matter. Where a dispute proceeds to court, we explain each stage, from filing through to hearing, as it becomes relevant.

The information on this page is general in nature and does not constitute legal advice. You should seek independent legal advice regarding your specific circumstances before taking any action.

Frequently Asked Questions

Speak with our team about your matter

Call our team today to arrange a consultation or browse our other practice areas.

Call (02) 4926 4788 All Services