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In some instances, alternative dispute resolution ("ADR") processes such as negotiation, conciliation and mediation are required prior to commencing legal proceedings.

ADR may be prescribed by the contract that regulates the relationship between the parties (eg an employment contract, a contract for the performance of building works and a contract for the sale of goods). ADR may also be the starting point prescribed by legislation in attempting to facilitate the resolution of a dispute (eg parenting disputes firstly require compulsory dispute resolution sessions at a Family Relationships Centre and prior to bringing some types of action in the Fair Work Commission, ADR must have been initially attempted).

The benefit of ADR is that it provides the parties in dispute with an opportunity to try to reach a resolution, independent of the Courts, thereby making it more cost effective and time efficient.

If you are unsure of whether you are required to partake in ADR prior to litigation, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au to book an appointment with a solicitor from our team. 

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