How can commercial disputes be resolved without going to court?

A courtroom battle can destroy a business through legal costs and reputational damage. We focus on Alternative Dispute Resolution (ADR) to fix problems quietly and commercially.

The ADR Ladder

1. Negotiation (Direct)

The first step is usually a “without prejudice” meeting or letter. This means offers made cannot be used against you later in court. We help you draft offers that are legally strategic but commercially sensible.

2. Mediation (Facilitated)

A neutral Mediator acts as a referee. They do not decide the winner; they help the parties find common ground.

• Success Rate: Very high (statistics suggest 70-80% of matters settle at mediation).
• Cost: ~$2,000–$5,000 per day (split between parties), which is far cheaper than a trial.

3. Arbitration (Binding)

Similar to a private court case. The Arbitrator hears evidence and makes a binding decision. This is common in construction and international disputes.

4. Litigation (The Last Resort)

If ADR fails, we commence proceedings. However, courts often punish parties with cost orders if they refused to attempt mediation first.

Dispute Resolution Clauses

Check your contract. Most modern commercial agreements have a clause saying you must attempt mediation before you are allowed to file a lawsuit.¹

Related Topics

• Breach of contract remedies
• Commercial lease disputes
• Commercial Law Practice Area

Commercial Realism

Bell & Senior are aggressive litigators when needed, but we are commercial pragmatists first. We aim to get you the best result for the lowest spend.

In a dispute? Contact us for a strategy session. Call (07) 5532 8777.