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Mediation and arbitration lawyers

Mediation and
arbitration

There are more effective ways to resolve your commercial disputes outside of court. Our team of mediation and arbitration lawyers can guide you down the right path and navigate the process with clarity and confidence.

Speak with our team today

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How we can help you

Mediation and arbitration are two distinct dispute resolution methods that help parties avoid the cost and stress of court proceedings. Mediation encourages collaboration and mutual agreement, while arbitration offers a more structured process that leads to a binding decision. Each has its place depending on the nature of the dispute, and our mediation and arbitration lawyers can help you determine which is right for your situation.

Here’s how we can help:

  • A mediator is an independent third party
  • A mediator will assist parties to identify matters in dispute
  • A mediation will consider options for settlement
  • Mediation can enable settlement solutions that a Court cannot
  • Arbitration is more structured and formal than mediation
  • Arbitration can be more flexible and efficient than litigation
  • Arbitration can often be finalised sooner than litigation
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How does mediation and arbitration work

Many courts now require parties to mediate with a Registrar, to resolve or narrow the issues in dispute before incurring the cost of trial. In WA, almost all Supreme Court and District Court matters must go through a mediation process before they can move on to a trial and a final hearing.

Mediation is an opportunity for the parties and their lawyers to talk through a problem and reach their own agreement, with the support of a mediator, and allows parties to achieve outcomes that may not be available at trial.

Parties are not bound to settle at mediation, and it can occur multiple times for any dispute. An advantage of mediation is that it allows the possibility of all parties getting some form of outcome, where a final hearing or trial is usually just win or lose.

A mediator will speak directly to parties, and anything said will be confidential. Each party will have an opportunity to explain their position. Options for how to settle or agree are developed and explored and mediation can often take an entire day, or even longer

Unlike mediation, Arbitration involves the appointment of an independent third party (the arbitrator) to make a decision on the dispute. This method requires each party to present their case and their evidence in an arbitration proceeding. Typically, the parties will also agree to treat the arbitrator’s final decision as binding by agreement, often well before the dispute arises because it is contained in a dispute resolution clause in their terms and conditions or other contracts.

The Australian Centre for International Commercial Arbitration (ACICA) is a dispute resolution body that offers arbitration and mediation services. A commercial contract can specify that ACICA will administer a mediation or arbitration session, meaning the relevant ACICA Rules will apply to the proceedings.

Our mediation and arbitration lawyers are very experienced in this area of law and can guide you through either process, handling all aspects of the dispute and helping you gain the right outcome.

How we can help if you’re
facing a commercial dispute

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Need advice on your mediation or arbitration options? We’re just a phone call away

Our team of mediation and arbitration lawyers are here to guide you. Take the first step towards resolving your legal matter in a smart and efficient way with Solomon Hollett Lawyers.

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Testimonials

Our client testimonials

From individuals to families, from startups to large corporates, professional groups to charitable foundations – we’ve stood beside a diverse range of clients helping them best navigate their legal journeys. Here’s what just some of them have to say.

Discover the difference

Discover the Solomon
Hollett difference

Personalised legal solutions

Personalised legal solutions

We understand the complexities you’re facing. Your litigation needs are unique and nuanced, so we tailor our legal strategies to align perfectly with your specific circumstances, guiding you with precision and dedication every step of the way.

Comprehensive legal knowledge

Comprehensive legal knowledge

Rest assured that you’re in capable and experienced hands. Our extensive expertise across diverse legal arenas ensures that we’re equipped to guide you through the most pressing litigation challenges and opportunities, from commercial law and contract disputes to partnership conflicts and beyond.

Client-centric approach

Client-centric approach

Your peace of mind matters to us. We prioritise clear communication and steadfast support, focusing on securing outcomes that restore your calm and confidence.

Proven track record

Proven track record

Count on us to stand by you. Renowned for our commitment to excellence and a legacy of success in commercial litigation, we’re here to protect your interests with proven strategies that work.

Accessible and timely legal services

Accessible and timely legal services

We’re here when you need us. With responsive service and flexible scheduling, we ensure that you receive legal guidance promptly, accommodating your needs and easing your stress during critical times.

Transparent and up-front

Transparent and up-front

We’re upfront about the cost of what we do, so you know what you are committing to. We focus on the proportion of the fees to the value of the matter, making the return on your investment easy to ascertain from the get-go.

Guiding you through business disputes

How can you avoid or minimise commercial disputes? Get our insights on successful dispute resolution.

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Frequently asked questions

Frequently asked questions

What is the difference between mediation and arbitration?

Is mediation legally binding?

Why choose arbitration over going to court?

Can mediation or arbitration be used in any dispute?

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Talk to us about mediation and arbitration
Contact us

Talk to us about mediation and arbitration

Our team of mediation and arbitration lawyers can guide you through the right dispute resolution path for your situation. Fill in the form below to get started.

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