How to resolve a commercial dispute?

Jun 28, 2023 | Publication

A commercial dispute can arise in varied circumstances.  There are numerous types of commercial disputes.  Some of the different methods that can be used to resolve a commercial dispute include:

  1. Negotiation – this can involve the parties in direct discussions or through legal representatives.  Having ‘without prejudice’ negotiations can lead to more realistic discussions.  Other discussions can be ‘open’.  Consideration needs to be given to whether negotiations can be used in any Court process.
  2. Mediation – this involves a more formal process where a third party mediator is appointed by the parties by agreement to assist the parties to endeavour to resolve the matter.  Mediators have different areas of speciality, and depending upon the parties, different types of mediators can assist.  Often a mediation will be attended by the mediator and also the parties and their legal representatives.  There are a variety of ways in which a mediation can proceed.
  3. Expert determination – the parties can refer a dispute for expert determination.  For instance, there may be an expert determination of the value of an asset.  The parties may submit to the outcome of the determination.  The advantage of expert determination is that it can avoid the costs and time involved in litigation.
  4. Litigation – there are a variety of types of litigation depending upon the nature of the dispute.  There are different Courts and Tribunals established to resolve different types of disputes.

For an obligation free discussion regarding a commercial dispute, please contact us on 1800 180 500 or

Latest Insights

5 Ways A Director Can Be Sued

Directors can be sued for all sorts of reasons.  Here are 5 of them. Reason #1: Insolvent Trading A director can be sued if the company he or she is a director of trades whilst insolvent.  A director has a duty to prevent the company trading and incurring...

7 Ways to Enforce a Judgment

After a judgment is obtained for an amount of money, there are numerous options open to a judgment creditor in relation to how to enforce the judgment (i.e. how to obtain the money which is owed pursuant to the judgment). Option #1: Issue a Bankruptcy Notice If the...

Who Can Bring a Compensation to Relatives Claim?

In the unfortunate event of a loved one's passing due to negligence or wrongful act, the Compensation to Relatives Act 1897 in New South Wales outlines the parameters for pursuing compensation on behalf of the deceased. Understanding who has the legal standing to...

10 Myths of Being Sued

If you or your business are sued, there are many myths about how the legal process will pan out.  Here are 10 myths about the legal process – all are incorrect. Myth #1: The matter will definitely go to a hearing Most matters settle before a Judge decides...

How can my business sue someone to recover money?

Lawyers are often asked about the process of recovering money owed as a result of, for instance, a failure to pay for goods or services or a breach of contract. Normally a business (or an individual) will issue a letter of demand as a precursor to suing someone to...