The Disputes we Resolve
Overview
TSG uses Solutionism to solve problems that affect more than one person. Some of these problems could also be called disputes - whether or not the parties want to recognise and refer to them as such.
While our emphasis and commitment remain firmly on the side of problem solving, we often deliver the actual problem solving process through one of the mainstream, recognised dispute resolution processes, such as : arbitration, expert determination and mediation. We explain in detail how TSG delivers these processes elsewhere on this website and you can read more about them by following the links.
Types of Dispute we Resolve
We resolve these main types of dispute:
Now for a brief explanation of how we handle typical disputes in our main areas of practice. If your dispute is not specifically covered, but you like the sound of what we say we can do, please contact us - we will help to develop a problem solving process for you, whether or not we are ultimately engaged to deliver it, you handle it yourself, or you take it elsewhere for implementation.
Commercial & Contract Disputes
Some commercial disputes simply require a small dose of credible , independent objectivity to clear a blockage, while others demand a full scale battle to: "maze and overwhelm the enemy"!
TSG can provide skilled interventions at almost every point along this spectrum, from low-impact information gathering; to process and communication facilitation; to expert advisory assessments and other technical inputs (including legal and accounting opinions); to skilled mediation processes - and then finally, up in formality to legally binding decisions - delivered through Expert 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, positively, 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, which otherwise inevitably damages 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 and arrangements are taken care of.
- The process follows a manageable format that keeps the parties focused and helps them achieve the resolution of their dispute with efficiency.
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.
- Primary Information Gathering. The parties gather information and documentation (if more is required).
- Secondary Information Gathering. 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.
Costs
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):
- A basic dispute, with limited face-to-face contact, may be resolved for as little as $500. (We are getting an increasing number of requests to help resolve disputes with no face-to-face contact and everything being handled by phone and email).
- A typical commercial dispute that follows the above standard format process 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, and this can only be accurately quoted on a job-by-job basis. (Note that it will still cost just a fraction of the comparable litigation cost, typically around 10% of the total).
Oh, did we also mention how much quicker and less stressful the TSG process is?
