TPK Services

Mediation

Despite best intentions, disputes are sometimes an unavoidable outcome of contractual relationships.

Resolution of disputes is a time consuming, demoralising and costly exercise. This is especially true if the dispute results in litigation. The outcome is uncertain, the delays are inordinate and it distracts key staff from core business.

In most instances mediation can be a low cost, easy alternative.

Mediation involves arriving at a negotiated settlement where the parties to the dispute agree to a settlement they both can live with. It is about assisting parties to negotiate solutions based on interests rather than positions. It gets away from the “winner takes all” philosophy that is a feature of litigation.

The process is entirely confidential and is normally concluded in a fraction of the time and cost of litigation.

Declan Tierney is a trained mediator with The Australian Commercial Disputes Centre (ACDC).