Dispute resolution and mediation

We resolve disputes through negotiation, mediation, arbitration and expert determination across NSW.

The aim is to resolve the dispute, not just to argue it. Court is often slower, more expensive and more adversarial than a matter needs, so we use the dispute resolution method that gets you the result fastest: negotiation, mediation, arbitration or expert determination, and litigation when that is the right call. We have mediators trained in commercial dispute resolution, and we act from our offices in Newcastle for clients across the Hunter and NSW.

How we help

We pick the right process and drive it to a resolution. We:

  • Advise on the best pathway for your dispute, and the cost and risk of each.
  • Negotiate firmly on your behalf, and prepare you to negotiate well.
  • Run and attend mediations, with our own accredited mediators.
  • Act in litigation where a process fails.

Why clients choose Mullane Lindsay

Our litigation and dispute resolution team is led by Director Kristy Nunn and Special Counsel David Collins. Backed by the firm since 1976, we take a strategic, commercially focused approach to every matter.

Why mediate rather than litigate?

Mediation is usually faster, cheaper and less adversarial than Court. It is confidential, so the parties can speak frankly; it keeps control of the outcome in your hands rather than a decision by a Judge. Mediation can preserve a business relationship worth keeping. It is not right for every matter, for example where urgent Court orders are needed or one party will not engage in good faith, and we will tell you when Court is the better option.

FAQs

Negotiations to resolve a dispute can be informal or formal. Formal negotiations include mediation (a mediator facilitates settlement discussions) or conciliation (the conciliator advises on merits).

If the parties cannot reach an agreement by negotiation, the claim may be determined by arbitration (a binding award), expert determination (an expert decides a technical issue) or litigation (a court decides). The right choice depends on the dispute, the amount, the urgency and the relationship.

Lower cost, faster resolution, confidentiality, control of the outcome, preservation of relationships, flexibility, and a high settlement rate. Court is public, slower and adversarial. Mediation is not suitable where there is a serious power imbalance, urgent relief is needed, or a party is not acting in good faith.

A private, binding process where an arbitrator decides the dispute and issues an enforceable award. It suits contracts with an arbitration clause, technical disputes needing a specialist decision-maker, confidential matters, and cross-border disputes. Awards are enforceable as court judgements and can only be challenged in limited circumstances.

The Court has the power to order mediation and judicial settlement conferences. There are costs consequences for a party unreasonably refusing to engage, or failing to accept a reasonable “without prejudice” settlement offer. Genuine engagement in dispute resolution is expected at every stage to reach the best possible outcome for you.

Meet Your Team
Kristy Nunn

Kristy Nunn

Director and Practice Group Leader, Litigation, Disputes and Resolutions
Our Services

Strategic legal guidance when it matters most.

We start with a confidential conversation. There is no jargon and no pressure, just a clear sense of your options and what we would do next.