Dental Dispute Resolution Centre | Legal

Dental Dispute Resolution Centre

Phone: +61 7 3007 1777

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22.01.2022 This may be of interest to some of you dentists. It will be a great weekend if you can make it. For a registrant and partner its just a bit over $2300 for lectures meals and accommodation. All you have to do is get to Auckland. I will look after the rest. Brad (and to a lesser extent Paul)

20.01.2022 In a home not too far away.....

19.01.2022 Earlier is better...

18.01.2022 With 25 years dental practice experience, and 12 years as a lawyer I can offer expertise to resolve your dental dispute. Whether it is with staff, independent contractors or even patients, as a Nationally Accredited Mediator and Arbitrator, I can mediate, conciliate or arbitrate almost all of the disputes that arise in practice. for more information, go to http://www.dentalegal.com.au/adr-mediation-arbitration/ https://www.facebook.com/pg/resolvedental/about/?ref=page_internal

17.01.2022 I thought it might be useful to explain to practitioners how they might decide whether they have a dispute that is able to be resolved by alternate dispute resolution. Mediation and indeed any other form of alternate dispute resolution is only effective if both parties do wish to resolve the dispute. If one party believes they have a dispute that is in need of resolution, and the other party does not then mediation is not a possibility. For example this year I have had a pra...ctitioner approach me about mediating a dispute and prior to the appointed mediation time the other practitioner decided that they were not sufficiently concerned about the dispute that they would just ignore it and not participate in mediation. So, one cannot be forced to mediation unless a contract, legislation or a court orders it. But to decide whether your dispute is able to be mediated you should consider the following steps. The first step is to put the other party on notice preferably in writing that you have a dispute with them and that you would like to resolve it. Secondly once a response comes back from the other party, that will indicate whether they believe there is a dispute or not. At this point parties might seek legal advice to see what their position is but if the dispute is not complex it would be open to the parties if they both agree that a dispute exists to submit to mediation. In those circumstances the third step would be that one of the parties contacts the mediator to ask whether the dispute can be mediated and in what format and what costs might be involved. Not much information and discussion takes place at this point until a similar discussion is held with the other party in dispute. This is because the mediator needs to be impartial and independent. Once the mediator has spoken to both parties and he or she believes that they are willing to participate in a dispute that is capable of being resolved, then a mediation agreement is sent for both parties to execute which sets out how the mediation will proceed whether in person and if so in what location, as I am prepared to travel basically wherever is necessary to perform in person mediation or whether it is done by way of papers meaning on the basis of documents only, or even by skype or facetime. These are the preliminary steps to resolving these disputes. These are equally applicable to mediation, conciliation and arbitration. So, it is useful to consider using this process which is widely used in many industries to resolve disputes quickly and prompty.

17.01.2022 Settlement was not an option ?

13.01.2022 LET SOMEONE DECIDE - ARBITRATION... The next level of alternate resolution that has application for practitioners is arbitration. Arbitration means that the parties agree to let a person become a decision maker. The parties would execute a arbitration agreement and that arbitration agreement provides that the parties may submit to a decision made by an arbitrator pursuant to the commercial arbitration act in each state. The advantages of arbitration are that where an arbi...trator has been selected who has specific knowledge in the field that is the subject of the dispute - usually contractual disputes but not necessarily then instead of going through the process of litigation through a court there can be a quick efficient determination made that is binding on both parties by an arbitrator. The advantage of arbitration and mediation in general is that it is confidential. If a matter is litigated to a decision and judgment, then the decision is in most circumstances on the public record. Whereas if the parties agree to mediation, conciliation or arbitration any decision is confidential and the process is confidential and where a decision is made by an arbitrator the decision is only made available to the parties who are involved in the arbitration. For some matters arbitration is an excellent way of parties resolving simple disputes or even complex disputes by reliance upon the expertise and arbitration ability of an appointed arbitrator. However all of these processes can only occur with the consent of the parties.

11.01.2022 SERVICES As dental practice gets more complex, these new means of resolution become options. I have set out some of these services and how they might have application. https://www.facebook.com/resolvedental/services/

06.01.2022 CONCILIATION Sometimes facilitative mediation which is the process by which parties come together to decide how they will resolve their dispute is not concluding because of the parties' lack of understanding of the law or at least the legal processes involved after mediation. At this point with the consent of both parties a mediator may well decide the best way to proceed is by conciliation. Conciliation essentially means that the mediator talks about solutions to both part...ies about the legality of their dispute and offers an informed opinion as to what the law is and what a court might decide in those circumstances. This is quite useful for resolving a dispute because the parties are trusting the mediator to give them some idea of their prospects should they not resolve their matter at mediation. This is done clearly by the mediator asking both parties whether they agree to move into conciliation and in plain terms it means that through the expression of the legal position and an assessment of their cases, the mediator now conciliator explains to both parties the likely outcomes and therefore assists them them to consider their position before coming to some agreement or otherwise. Like all successful ADR, the result is confidential and should be evidenced by a deed that the mediator- if an appropriately skilled lawyer - can draft for the parties to settle.

04.01.2022 I am now a Grade 3 Arbitrator. This means I can arbitrate appropriate disputes as a Commercial Arbitrator pursuant to the Commercial Arbitration Acts in each State or Territory. Brad Wright LLB(Hons) | MBA | Grad Cert Legal Practice | P.Cert. Arbitration | PRI,Arb3,Med | Member AIFLAM NMAS Accredited Mediator | Commercial Arbitrator - Grade Three | Family Law Mediator and Arbitrator Pursuant to Reg 67B of Family Law Regulations 1984... https://www.resolution.institute/di/find-a-dispute-resolver