Negotiating to settle disputes

In an earlier column I covered Arbitrations and Mediations as alternatives to Court proceedings. I now turn to other alternatives available to settle disputes.

NEGOTIATION

Negotiation is where parties, either themselves or represented by their lawyers, formally discuss matters of mutual concern and attempt to resolve the dispute that has arisen between them.

This method of resolving disputes is usually quicker and cheaper than going to Court and provides another potential way to resolve the dispute in private.

JUDICIAL SETTLEMENT CONFERENCES

This is where the dispute has been lodged in Court.

A Judge will meet with both parties and their lawyers to attempt to get a resolution without the need for a full Court hearing.

If the dispute is not settled the full hearing is then before a different Judge.

This type of process can also be in conjunction with a meeting of the experts for both parties to see if areas of agreement between the experts can be reached.

That narrows down the dispute for the parties.

TRIBUNAL CLAIMS

There are various Tribunals that aim to resolve disputes between parties in a cost-effective and timely manner.

Specialist Tribunals available include the Tenancy Tribunal and Motor Vehicle Disputes Tribunal, that can hear claims of larger amounts than the non-specialist Disputes Tribunal, which can only hear claims up to $15,000 (or $20,000 with the consent of the parties).

These dispute resolution Tribunals are usually quicker and cheaper than litigation in Court but may be open to the public.

Lawyers can appear in the Tenancy Tribunal if the Tribunal considers the issues to be complicated, the dispute is over $6,000, or one of the parties is unable to present their case adequately.

The Tribunal may also allow legal representation if the parties agree. Lawyers are not allowed to appear in the Disputes Tribunal,

‘‘Negotiation ... is usually quicker and cheaper than going to Court and provides another potential way to resolve the dispute in private.’’