Client Dispute Resolution Process

/Client Dispute Resolution Process
Client Dispute Resolution Process 2016-01-21T15:27:38+00:00

Amalain Advocates are proud to say that we have never had a dispute with, or involving, any of our Clients!

If ever there was an occasion where a Dispute was to arise, Amalain Advocates will implement the following resolution process in a timely manner:

1. All Parties involved (Buyer, Vendor, Vendor’s Selling Agent, Buyer and Vendor Advocate) are to provide a written account of the chain of events and background facts that led up to the dispute.

2. A Dispute Resolution Meeting will be held between all relevant parties involved in the dispute, with the intention to negotiate with all parties involved to achieve a fair & reasonable resolution.

3. If, after the Dispute Resolution Meeting, all parties involved cannot agree on a fair & reasonable resolution, Amalain Advocates will suggest that an independent professional Mediator service be engaged in an attempt to resolve the dispute. If all parties agree to attempt Mediation, (and noting that VCAT or another Court in the State of Victoria may have a mandatory requirement for mediation to take place before a formal Hearing), then a date and time for Mediation can be booked.

4. If Mediation fails, any of the parties may then initiate legal action through VCAT or another Court in the State of Victoria. Whether and where such action is commenced will depend on the type of dispute, the amount of the monetary claim (if a monetary remedy is sought) and the nature of any other remedy sought. Accordingly, litigation it should always be an absolute “last resort”.

This Agreement will be governed by the laws of the State of Victoria and the parties irrevocably submit to the jurisdiction of the courts in that State.