Successful Dispute Resolution - Introduction 

The Resolving Small Business Disputes: Six Steps to Successful Dispute Resolution kit aims to help small business resolve their disputes as quickly and as cheaply as possible, and to implement good business practice with respect to disputes that may arise. The kit is designed to encourage and help small business to use Alternative Dispute Resolution (ADR) as a viable alternative to litigation.  The kit is available in Adobe format at the bottom of this page. 

You can also view the kit in HTML format by selecting from the following content list.

• Introduction
• Step 1: Understand your dispute
• Step 2: Understand your options
• Step 3: Select an approach
• Step 4: Access dispute resolution services
• Step 5: Prepare for resolution
• Step 6: Successful dispute resolution, including Avoiding disputes & dispute management systems
• Dispute resolution - Case Studies

Email the Industry and Small Business Policy Division for more information on the kit.

Introduction

Good Business Management Includes Good Dispute Management

Problems arise every day between businesses, their customers, suppliers, partners and employees. Most of the time these are dealt with quickly and efficiently through common sense. A small percentage, however, escalate into a dispute. Disputes that remain unresolved may start affecting the profitability and productivity of the business.

The Kit aims to help small business resolve their disputes as quickly and as cheaply as possible, and to implement good business practice with respect to disputes that may arise.

Traditional Dispute Resolution for Small Business

Although small business often have legal recourse in disputes, their access to justice can be constrained by the cost of going to court, the long time and delays before their case is heard, the disparity in the quality of representation and their need to preserve business relationships. In many cases, neither party achieves a satisfactory result from a Court judgement.

The Benefits of Alternate Dispute Resolution

The thrust of the Kit is to encourage and help small business to use 'Alternative Dispute Resolution' (ADR) instead of litigation, where it is appropriate. In most cases ADR can offer small business a low-cost, quick and flexible system for resolving disputes. ADR is a viable alternative to litigation, typically achieving a success rate of around 80%, without costly and time-consuming legal action. For example, some studies show that using ADR in a dispute can cost as little as five percent of the cost of going to court.

ADR processes seek to produce a negotiated settlement between the parties in a manner that encourages common-sense, practical solutions and preserves business relationships. A neutral party (usually a mediator) helps the parties find a settlement that both can agree to, within a fully confidential process.

ADR provides the parties in a dispute with total control over the outcome, removing the uncertainty that comes with a Court case and judgement. Where an agreed settlement is not achieved, the, parties retain their full rights to proceed with legal action.

This Kit should help you to resolve your dispute through six simple steps.


This Kit has been produced by Mediate Today Pty Ltd for the Federal Department of Workplace Relations and Small Business. Mediate Today Pty Ltd, Level 10, Windeyer Chambers, 225 Macquarie Street Sydney, Tel (02) 9223 2255 Fax (02) 9223 6058, Design GeoGraphics Group, Tel (02) 9568 2444, Cartoons by Greg Gaul Tel (02) 4759 1633, publication converted to web site by SWIFTek ph (02) 6287 2200.