Clayton offers solutions to commercial disputes ranging from informal Mediation, through to Conciliation, formal Arbitration and representation in the High Court or District Court.
Services
Arbitration
Abritration is the most formal dispute resolution process without going to court.
The parties refer the dispute to an arbitrator by whose decision they agree to be bound. The arbitrator reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable. Arbitrations are governed by the Arbitration Act 1996.
Mediation
Mediation is an informal process for helping people who have a dispute to sort it out for themselves without going to court.
A mediator is a neutral third person who encourages those in the dispute to talk to each other about the issues. The mediator is not an advice-giver or decision-maker. The parties examine the real problems, large or small. They then create and agree upon an outcome that meets their needs and addresses their concerns.
Litigation
If your dispute is going to court and the other resolution options are not possible, I can represent you through the court process.
It is important in most cases to get a litigation expert on board as soon as possible.
Conciliation
Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations.
In conciliation the parties may be represented by counsel and agree to make formal opening statements and provide written submissions in advance of the meeting.