Areas of Dispute Resolution

SHAW Dispute Resolution provide dispute resolution options in a variety of areas including but not limited to the following.

Aboriginal and Torres Strait Issues Aboriginal and Torres Strait Islander Disputes can be best dealt with utilising Mediation over courts which aligns best with their traditional cultures. Disputes are often around the protection of cultural values, ownership disputes, and customary law. These types of disputes can regularly affect the larger community requiring a tailored approach.

Accountancy Many disputes involve a certain monetary aspect, but there are times when the dispute is around Accountancy matters such as unpaid accounts, invoices over and above what was quoted, or even issues surrounding how to work with accountancy matters.

Aged Care When conflict arises over an older relative’s care or financial arrangements, a family may prefer not to settle the matter through legal means, especially as these processes can be costly and adversarial in nature, which can damage relationships further.

Arts & Entertainment People who work within the creative industries often need, or desire, to work together on projects in the future and don’t want that opportunity sabotaged by a dispute over the current project. Often the parties to the dispute can’t afford the expense of lawyers and going to Court. Such disputes are often characterised by the importance of the personal relationships involved. Filmmakers can fall out leaving a film project unable to be completed. Artistic collaborations falter over creative differences or misunderstandings as to costs, processes, and responsibilities. Bands split up, unable to agree on ownership of music or what direction to take. Writers may be in dispute with a publisher over royalties.

Banking & Finance Banking & finance disputes can arise in and around complaints, practices & overcharges, errors in transactions and calculations, and poor service resulting in financial damages.

Bankruptcy & Insolvency Disputes may arise over how much a bankrupt is required to pay creditors and if the bankrupt has failed to comply with the requirements to make surplus income payments, or if the bankrupt could have made a viable proposal and has chosen bankruptcy rather than a proposal as a solution to debt. Mediation can help push toward an outcome to move the situation forward.

Business Business dispute resolution is often more about managing the relationship between the parties than the business issues. Good business management is synonymous with good dispute management to maintain consistent productivity. Benefits for small business include low cost, speedy resolution, flexibility in the process and control over outcome.

Club & Associations An incorporated association may take disciplinary action against a member for breaches relating to that person’s status as a member of the association. Mediation can help bridge the gap in resolution, keeping the matter out of Court.

Construction & Engineering

Disputes can range from multi-party disagreements with contractors, subcontractors, engineers and suppliers, as well as cross-border claims for entitlements to penalties or extensions, professional negligence and breach of contract claims. Read more here

Consumer/Fair Trading, Product Liability Consumer & fair trading, along with product liability are governed by a number of laws and processes in Australia. Disputes may arise between consumer and provider, unethical or undetermined fair trading disputes, and liability of a product.

Contracts Contracts or the premature ending of a contract can cause unique disputes that require some form of resolution, and in a time-sensitive manner. Many times both parties have various circumstances determined by a contract. Mediation can allow both parties to discuss an outcome to provide closure.

Conveyancing Conveyancing disputes surrounding the sale of land or property, monetary components, processes or failed contracts can be mediated out of Court to allow both parties to come to a resolution quicker and more effectively.

Divorce/Separation & Parenting Divorce/Separation & parenting mediation can be regarding disagreements around parenting plans, child maintenance, child custody issues and property and finance disputes.

Defamation Defamation disputes can arise between two or more parties when one party or group of parties have been subjected to slanderous comments, articles, or social media attacks which have resulted in the party’s credibility being attacked.

Environment & Planning Environment and planning can be complex with so many aspects to take into consideration. SHAW Dispute Resolution works alongside developers, councils, industry bodies, and the consumer to help come to a resolution.

Equal Opportunity, Sexual Harassment & Discrimination Equal opportunity, sexual harassment and discrimination can be quite difficult to deal with. Mediation can help turn the focus to important Act’s such as the Equal Opportunity Act 2010 or the Racial and Religious Tolerance Act 2001, and help you find a solution without proceeding to court.

Family Family matters can have a huge impact and an emotional and challenging response that will require external assistance such as mediation, to help resolve conflict.

Franchising Franchising is a great way to upscale a business and work smarter, but it doesn’t always go smoothly. Mediation is a great way to work through issues arising from such a business model.

Immigration Immigration is important to your future, and at SHAW Dispute Resolution, we understand that the immigration process can be a technically difficult one. There are many factors that can arise and we believe it’s important to have a proactive approach to how you move forward. We can help mediate cases for individuals, families, employees and employers.

Industrial Relations Industrial Relations disputes can arise between an employer and an employee, or industry bodies and the Fair Work Commission. Disputes over enterprise bargaining, pay disputes, dismissal, discrimination, unions, workcover disputes and contract disputes can be mediated for a quicker resolution outside of Court.

Insurance Insurance should be a lifeline, but for some it’s a nightmare when you need it the most. SHAW Dispute Resolution can assist you in navigating and negotiating better outcomes with your insurance company.

Intellectual Property Intellectual property disputes around trademark’s, copyright & infringement, fraudulent and unethical use of a company’s IP, can be negotiated outside of Court in mediation, allowing both parties to make swift decisions to move forward.

Local Government Navigating Local Government can be a difficult process with the process quite often drawn out and uncertain. SHAW Dispute Resolution can help secure a better path of communication and negotiation, resolving disputes faster.

Maritime Maritime disputes such as land and water ownership & use, access issues, fishing, boating and charter borderlines, and use of territorial waters can be mediated outside of Court.

Media & Communications In today’s fast paced media and communication world, disputes are arising quicker than ever before. Disputes based on media, technology and communications can include unethical use of a person or company’s name, naming and shaming, social media abuse and vilification, right through to mis-representation of a person or a brand.

Medical Negligence We put our complete trust in those that medically care for us, but what do you do when that trust is violated, or when you have lifelong health consequences because of a medic or hospital’s error? Mediation can help two parties work through the dispute and come to a resolution, one that will bring closure to the affected.

Neighbourhood Neighbourhood disputes can get out of hand fast. Disputes can range from fencing, damage and noise, right through to ongoing parking issues and personality clashes. Mediation can assist two or more parties in discussing the dispute and coming to an outcome that both parties can agree on.

Partnership Partnerships can be a great way to move the project forward for the greater good, but it can also get tough when different parties want different outcomes, or the commitment to the project changes.

Personal Injury & Property Damage Personal injury & property damage disputes are among some of the most common. Disputes including damage of property (vehicles, houses, belongings), and personal injury from another’s actions.

Privacy Privacy disputes can arise out of privacy violation and the incorrect use of a person’s information. These disputes can be mediated in line with the Privacy Act 1988 (Privacy Act) to ensure a quick and private resolution.

Professional Negligence Professional negligence arises when a professional you placed your trust in, has responded in an unethical way or not completed a job they were paid to do in a professional manner. Disputes can arise out of medical circumstances, legal circumstances, or a company not responding in the way they should have, resulting in an unacceptable outcome.

Property/Retail shop leases & Conveyancing Disputes arising out of Property & Retail shop leasing and conveyancing can put a halt on plans to move a business forward or as closure is imminent. Timeframes, costs, and property maintenance issues can be resolved in mediation.

Resources & Energy Resource and Energy disputes can include disputes with peak Energy and Resource bodies, ombudsman disputes, mining, oil & gas disputes, and infrastructure disputes can be resolved in mediation.

Sports Law The sports industry is governed by a number of rules and regulations, but when those rules and regulations are deemed un-fair by one party, issues arise. Mediation is a great way of working through these types of issues with the view to resolution.

Taxation & Superannuation Taxation & superannuation disputes can seem challenging for the everyday person. But there are times, when extra dispute resolution strategies are required between 2 or more parties for a resolution offered outside the higher authorities.

Tourism & Hospitality Tourism and Hospitality disputes can be in the form of customer to provider and vice-versa, legislative and regulatory issues, Industry Act’s, leases, business disputes and more.

Trade Practices Trade Practice disputes can arise in disputes such as, discrimination, price fixing, exclusive deals and unethical practices. Mediation can have these disputes resolved in a timely manner.

Trust Trust accounts are regulated by Government Laws, and when things become unstuck or disputes arise around the use of them, the finalisation of them or the ongoing use, mediation can play a key role in better outcomes, and quicker resolution.

Wills Estates & Succession When someone passes away, emotions can run high. Mediation can help family members and other involved parties to work through wills, estates and succession planning issues before a person passes, or after.

Workers Compensation Being unfairly treated in a workplace resulting in being denied what you are owed, due to issues surrounding compensation for injury, can take a huge toll on your health, and take a long time to get through the courts. Mediation can help solve the dispute quicker.

Let’s Resolve!

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Thank you to Ali and your team for your prompt actions in organising the mediation. I have received amazing feedback from those involved about Ali’s calming but methodical approach to ensuring that everyone had the opportunity to be heard, raise their concerns and come up with solutions.  I am confident that with Ali’s help we have put in place a plan for future success. Thanks again for helping us work through the issues and get this great outcome for all.

Tori, People Vision (for Skycity)

November 2018