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ALTERNATIVE DISPUTE AND MEDIATION SERVICES. Considering legal action?
There is an easier less costly way. We provide an independent pathway for all parties to satisfactorily resolve issues.
Additional Information
What is alternative dispute resolution or ADR?
In an ADR process an independent third person helps people to resolve their dispute. ADR processes do not include judicial determinations, such as decisions made by a court or tribunal.
Dispute management is where disputes are identified and managed early and effectively. Some key strategies to manage disputes include:
- responding promptly and sensitively to disputes
- assessing disputes to determine appropriate responses
- resolving disputes in a timely manner.
There are three main types of ADR processes:
- facilitative
- advisory
- determinative.
Facilitative
This process is where a dispute resolution practitioner, an independent third party, assists those in dispute to clearly understand the issues, develop options, consider alternatives and try to reach an agreement about some issues or the whole dispute.
Examples of facilitative processes include mediation, conciliation, facilitation and facilitated negotiation.
Advisory
This process is where a dispute resolution practitioner, an independent third party, considers and appraises the dispute and provides advice as to the facts of the dispute, the law, and, in some cases, possible or desirable outcomes and how these may be achieved.
Examples of advisory processes include: case appraisal, conciliation (where advice is offered or used) and (early) neutral evaluation.
Determinative
This process is where a dispute resolution practitioner, an independent third party, evaluates the dispute (which may include the hearing of formal evidence from the parties) and makes a determination.
Examples of determinative processes include: arbitration, expert determination and private judging.
About Us
Alternative Dispute Resolutions
The cost and time required to litigate a matter to full conclusion is becoming more and more burdensome for many people and unacceptable to many businesses even if they can afford the escalating costs. Since more than 90 percent of commercial, corporate, and personal disputes resolve or settle without a Court appearance, the question is not whether to employ a mediator but how soon in the process to do so.
"Discourage litigation. Persuade your clients to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, and expenses and waste of time."
We are a firm with invaluable skills and knowledge in the complex area of commercial businesses including insolvency and debt recovery. This is an area which can be especially challenging to insolvency practitioners, as well as companies and their directors. We provide commercial assessments in the area of Conflict Disputes and evaluate on the prospects of success/recovery and can negotiate mutual settlements and where relevant we refer our clients to the appropriate professionals including licensed legal practitioners. Although our team members are from a background in law Astor Turnbull are NOT legal practitioners NOR do we offer legal advice.
Dispute or Conflict Risk Analysis, Mediation & Resolution
What is a Conflict Risk Analysis?
Risk analysis is a review and analytical process that includes identifying uncertainties, estimating their impact on outcomes that may be sought, and building a risk analysis review that expresses these elements in a simple to understand form, which permits exploring options, and then making risk management decisions that can help avoid, mitigate, or otherwise deal with matters that do not lead to expensive legal costs.
In brief, a conflict risk assessment is intended to provide our clients with an early, concise evaluation of the risks and exposure to costs.
Conflict Risk Assessment
Statistics show that over 90% of civil disputes settle. Many settle after a very expensive process. Many times the parties would have had the opportunity to resolve the dispute without incurring much of this expense.
Parties often can achieve better resolutions earlier, and dramatically reduce costs, through a rigorous early evaluation. Such a use of a structured approach for evaluating such matters – conflict assessment – is the key to this process, and begins even before costly steps are started and attempts to resolve the issue before it proceeds.
What are the benefits of Conflict Analysis?
- a faster, cost effective solution to the dispute;
- salvaged business partnerships, and business relationships; and
- a way to move forward effectively and fairly for all parties;
- a win-win solution
What is Mediation?
The risk analysis process often includes mediation to save time and money for all involved parties. An unbiased third party helps all parties resolve their differences and reach an agreement, specifically financial. This quickly growing method can then act as a binding resolution.
Who are we?
An experienced team led by principal Barry McDonough
It’s not about individuals at Astor Turnbull as we are a cohesive experienced and diverse team that is guided by Barry McDonough, a London educated and then London based legal practitioner before relocating to Australia.
Profile:
Barry McDonough practiced as a qualified solicitor for over 20 years in London before moving to Melbourne where he joined Astor Turnbull in June 2018.
Barry undertakes a wide range of commercial dispute resolution work which includes commercial landlord & tenant disputes, renewal of and opposing business tenancies, breach of lease repairing covenants, non payment of rent, dilapidations and forfeiture. He also deals with residential possession claims, boundary disputes, adverse possession, contentious trusts and co-habitation disputes. Barry also deals with director and shareholder disputes, contract disputes, contentious probate and insolvency.
OUR TEAM includes skilled and experienced members who for more than a decade have engaged with various parties in dispute, often over debts, to resolve these disputes to the satisfaction of each party without having to resort to a long and expensive legal battle before the Courts. These disputing parties can be between businesses and suppliers, or with landlords or even franchisors or the ATO. And sometimes between partners of a business. We can liaise, mediate and negotiate satisfactory outcomes.
TESTIMONIALS
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""My experience with Astor Turnbull has been extremely positive. The firm's team are knowledgeable and determined to help, and they're considerate of the amount of time they have to spend to get the results" A.M. Sydney NSW
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"Working with Barry and his people has been outstanding. They are responsive and tactful. Their knowledge, professionalism and resourcefulness are trumped only by their good character and cheerfulness. Having this firm's expertise at my fingertips enables me to face the myriad of challenges of running a business with confidence." W.C. Gold Coast QLD
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"Each time I contact Astor Turnbull their response is very timely and handled thoroughly and very professionally. Not only that, it is so refreshing that they take time to know us personally and really have a feel for our individual needs. SO thank you very much Barry for helping me. I wish you continued success." Brad. Central Coast NSW
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Thanks Barry and team - that's great news.
Cannot thank you all enough, you've taken a huge amount of stress and fear of the unknown out of this process for me.
L.K. Melbourne VIC