Commercial & Contract Disputes
Some commercial disputes simply require a small dose of credible , independent objectivity to clear a blockage, others demand a full scale battle to overwhelm "the enemy"!
TSG provides skilled interventions almost everywhere along this spectrum, from very low-key information gathering and process / communication facilitation; to expert advisory assessments and other technical inputs (including legal and accounting opinions); to skilled mediation processes and finally up in formality to legally binding decisions delivered through determinations or arbitrations.
Whatever the level of our involvement, we always separate people issues from problem issues and then deal skilfully (for which, please read: pragmatically, proactively, hopefully, decisively, constructively and collaboratively), with both.
Because our primary objective is to help parties develop solutions that help them (or somebody else if they've delegated the role) to make wise decisions, we always place substance over form and ferociously avoid getting bogged down in process, at the expense of effectiveness.
Most contract and commercial disputes are conducted in an atmosphere of relative objectivity. After an initial diagnosis of both the problem and the parties' needs we recommend an appropriate dispute resolution process.
We then facilitate the smooth and efficient running of the process. This includes making sure that:
- All necessary information is available when needed.
- Everybody is properly prepared and ready to participate constructively in the process.
- All necessary logistical concerns are taken care of.
- The process follows a manageable format that keeps the parties focused and helps them achieve resolution efficiently.
Many of these types of dispute can be resolved using the following format, which is equally applicable to mediations, determinations and arbitrations:
- Initial contact with all parties (and their advisers where applicable), either by phone for Facilitations and Mediations, or in writing (email or fax), for Determinations and Arbitrations (which require higher levels of direct physical separation).
- Preliminary Planning Meeting. This usually requires 1 to 2 hours. Issues are identified and validated; possible dispute resolution processes are explained, compared and chosen, or a process recommendation is made; information requirements and exchanges are agreed; costs arrangements are discussed and agreed; finally, timetables are set for all remaining stages in the process.
- The parties gather information and documentation (if more is required).
- The Solutionist does whatever is needed (and agreed) to gather critical information and/or objectively reality check assertions made.
- The dispute resolution meeting / mediation / hearing is conducted (usually ½ to 1 full day). This concludes with an agreement that all parties are willing to sign, or with the expert / arbitrator making a decision, which is presented in writing as an award. The award will be issued very quickly, almost always within a week of the conclusion of the process.
Cost
Costs are dependent on the complexity of the issues and the amount of time required to develop good solutions / judgments / outcomes.
As a costing guide (please add GST to all costs):
- A basic dispute, with limited face-to-face contact, may be resolved for $500.
- A typical commercial dispute that follows the above format will cost around $1,500 - $2,500.
- A more complicated dispute requiring a higher level of Solutionist intervention will cost from $2,000 - $5,000.
- A full-on dispute requiring significant party and process support may cost much more, but it will still almost certainly cost just a fraction of comparable litigation.
Oh, did we also mention how much quicker and less stressful the TSG process is?
