Respectful Resolution Without Litigation

Alternative dispute resolution (ADR) has become an integral part of Australia's civil justice system, with courts, tribunals and regulatory frameworks increasingly requiring parties to explore resolution before commencing litigation. Legal practitioners must understand not only the legislative and procedural requirements governing ADR, but also how to select the most appropriate dispute resolution process, effectively represent clients, and achieve practical, commercially sound outcomes without resorting to court proceedings.

This practical webinar provides a comprehensive framework for advising clients through the full spectrum of non-litigious dispute resolution. Participants will examine genuine steps obligations, court-directed ADR, contractual dispute resolution clauses, mediation and conciliation processes, negotiation strategies, settlement agreements, and the circumstances in which litigation remains the most appropriate option. The session equips practitioners with practical tools to confidently manage disputes while preserving relationships, minimizing costs, and meeting professional and regulatory obligations.

Key Topics Discussed:

• Australia's legislative and procedural framework for alternative dispute resolution
• Genuine steps obligations and court-directed ADR requirements
• Contractual ADR clauses and dispute resolution pathways
• Mediation, conciliation, collaborative practice, expert determination and arbitration
• Selecting the most appropriate dispute resolution process for different disputes
• Preparing clients for mediation and ADR proceedings
• Effective negotiation strategies and advocacy in ADR
• Drafting enforceable settlement agreements
• AMDRAS accreditation standards and professional obligations
• Recognizing when litigation is the appropriate course of action