Resolution in the Workplace

There are times when if there is a conflict with one of your contractors workers or employees that you cannot sort yourself, you might consider cutting the long stressful experience back down for all by engaging in a workplace mediation.

Whether it is bullying, discrimination, or some other dissatisfaction in the workplace, your mediator should have the relevant experience as a mediator in workplaces and legal experience to assist the parties.

With 25 years of practice ownership and 16 years as a lawyer, Brad Wright might be the best person to resolve your dispute. Any dental workplace in any state. Telephone 07 31557775 or email brad@resolve.dental

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The recent case of 𝗖𝗿𝗲𝗮𝘁𝗶𝘃𝗲 𝗦𝗺𝗶𝗹𝗲𝘀 𝗣𝘁𝘆 𝗟𝘁𝗱 & 𝗔𝗻𝗼𝗿 𝘃 𝗘𝗸𝗲𝗿𝗮 𝗗𝗲𝗻𝘁𝗮𝗹 𝗣𝘁𝘆 𝗟𝘁𝗱 & 𝗔𝗻𝗼𝗿 [𝟮𝟬𝟮𝟮] 𝗩𝗖𝗖 𝟮𝟮𝟴𝟭 is a reminder than where a settled commercial outcome is available in dental disputes, then best efforts should be made by both parties to resolve it.One would presume that some attempts were made to resolve it, but hindsight - being a wonderful thing - would suggest that a successful mediation might have brought a final result with the following advantages. (Even the court said so.)Firstly advantage of mediation is 𝗰𝗼𝗻𝗳𝗶𝗱𝗲𝗻𝘁𝗶𝗮𝗹𝗶𝘁𝘆. One of the issues that arise from litigation is that the court proceedings are generally public and the hearings and decision are public. Mediation is by its nature without prejudice and confidentialSecondly, is the matter of 𝗰𝗼𝗻𝘁𝗿𝗼𝗹. Once the parties filed and proceeded to a hearing and then a decision, all control was lost. The result was in the hands of the lawyers and the judiciary. That's is really a last resort. Which brings us to the third advantage.Thirdly that of 𝗰𝗼𝘀𝘁𝘀 . Most litigants cannot afford to run the litigation is practical terms. I would go so far as to say most lawyers personally could not afford to run the litigations. That is not a criticism, it's just an observation. Early settlement or even settlement prior to a decision is an option open to the parties. However the sunk costs fallacy* starts to bite by this point.The fourth advantage is that Mediation brings 𝗰𝗲𝗿𝘁𝗮𝗶𝗻𝘁𝘆. This means after a day or few days mediation, the matter is over. The parties have agreed and they can get on with their lives.The best way to mediate is to use a mediator who is familiar with the law and the profession relating to the dispute, and who is an accredited mediator.Even if the parties cannot agree on the day, they will understand each other's position much better and can be comfortable they have attempted to resolve it without venturing into the legal arena where control is lost and the outcome is uncertain. It also avoids costs orders - meaning that each party can agree to bear their own costs.For any dental practice related disputes, give some thought to mediation.* 𝘵𝘩𝘦 𝘱𝘩𝘦𝘯𝘰𝘮𝘦𝘯𝘰𝘯 𝘸𝘩𝘦𝘳𝘦𝘣𝘺 𝘢 𝘱𝘦𝘳𝘴𝘰𝘯 𝘪𝘴 𝘳𝘦𝘭𝘶𝘤𝘵𝘢𝘯𝘵 𝘵𝘰 𝘢𝘣𝘢𝘯𝘥𝘰𝘯 𝘢 𝘴𝘵𝘳𝘢𝘵𝘦𝘨𝘺 𝘰𝘳 𝘤𝘰𝘶𝘳𝘴𝘦 𝘰𝘧 𝘢𝘤𝘵𝘪𝘰𝘯 𝘣𝘦𝘤𝘢𝘶𝘴𝘦 𝘵𝘩𝘦𝘺 𝘩𝘢𝘷𝘦 𝘪𝘯𝘷𝘦𝘴𝘵𝘦𝘥 𝘩𝘦𝘢𝘷𝘪𝘭𝘺 𝘪𝘯 𝘪𝘵, 𝘦𝘷𝘦𝘯 𝘸𝘩𝘦𝘯 𝘪𝘵 𝘪𝘴 𝘤𝘭𝘦𝘢𝘳 𝘵𝘩𝘢𝘵 𝘢𝘣𝘢𝘯𝘥𝘰𝘯𝘮𝘦𝘯𝘵 𝘸𝘰𝘶𝘭𝘥 𝘣𝘦 𝘮𝘰𝘳𝘦 𝘣𝘦𝘯𝘦𝘧𝘪𝘤𝘪𝘢𝘭. ... See MoreSee Less
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The recent case of 𝗖𝗿𝗲𝗮𝘁𝗶𝘃𝗲 𝗦𝗺𝗶𝗹𝗲𝘀 𝗣𝘁𝘆 𝗟𝘁𝗱 & 𝗔𝗻𝗼𝗿 𝘃 𝗘𝗸𝗲𝗿𝗮 𝗗𝗲𝗻𝘁𝗮𝗹 𝗣𝘁𝘆 𝗟𝘁𝗱 & 𝗔𝗻𝗼𝗿 [𝟮𝟬𝟮𝟮] 𝗩𝗖𝗖 𝟮𝟮𝟴𝟭 is a reminder than where a settled commercial outcome is available in dental disputes, then best efforts should be made by both parties to resolve it.One would presume that some attempts were made to resolve it, but hindsight - being a wonderful thing - would suggest that a successful mediation might have brought a final result with the following advantages. (Even the court said so.)Firstly advantage of mediation is 𝗰𝗼𝗻𝗳𝗶𝗱𝗲𝗻𝘁𝗶𝗮𝗹𝗶𝘁𝘆. One of the issues that arise from litigation is that the court proceedings are generally public and the hearings and decision are public. Mediation is by its nature without prejudice and confidentialSecondly, is the matter of 𝗰𝗼𝗻𝘁𝗿𝗼𝗹. Once the parties filed and proceeded to a hearing and then a decision, all control was lost. The result was in the hands of the lawyers and the judiciary. That's is really a last resort. Which brings us to the third advantage.Thirdly that of 𝗰𝗼𝘀𝘁𝘀 . Most litigants cannot afford to run the litigation is practical terms. I would go so far as to say most lawyers personally could not afford to run the litigations. That is not a criticism, it's just an observation. Early settlement or even settlement prior to a decision is an option open to the parties. However the sunk costs fallacy* starts to bite by this point.The fourth advantage is that Mediation brings 𝗰𝗲𝗿𝘁𝗮𝗶𝗻𝘁𝘆. This means after a day or few days mediation, the matter is over. The parties have agreed and they can get on with their lives.The best way to mediate is to use a mediator who is familiar with the law and the profession relating to the dispute, and who is an accredited mediator.Even if the parties cannot agree on the day, they will understand each other's position much better and can be comfortable they have attempted to resolve it without venturing into the legal arena where control is lost and the outcome is uncertain. It also avoids costs orders - meaning that each party can agree to bear their own costs.For any dental practice related disputes, give some thought to mediation.* 𝘵𝘩𝘦 𝘱𝘩𝘦𝘯𝘰𝘮𝘦𝘯𝘰𝘯 𝘸𝘩𝘦𝘳𝘦𝘣𝘺 𝘢 𝘱𝘦𝘳𝘴𝘰𝘯 𝘪𝘴 𝘳𝘦𝘭𝘶𝘤𝘵𝘢𝘯𝘵 𝘵𝘰 𝘢𝘣𝘢𝘯𝘥𝘰𝘯 𝘢 𝘴𝘵𝘳𝘢𝘵𝘦𝘨𝘺 𝘰𝘳 𝘤𝘰𝘶𝘳𝘴𝘦 𝘰𝘧 𝘢𝘤𝘵𝘪𝘰𝘯 𝘣𝘦𝘤𝘢𝘶𝘴𝘦 𝘵𝘩𝘦𝘺 𝘩𝘢𝘷𝘦 𝘪𝘯𝘷𝘦𝘴𝘵𝘦𝘥 𝘩𝘦𝘢𝘷𝘪𝘭𝘺 𝘪𝘯 𝘪𝘵, 𝘦𝘷𝘦𝘯 𝘸𝘩𝘦𝘯 𝘪𝘵 𝘪𝘴 𝘤𝘭𝘦𝘢𝘳 𝘵𝘩𝘢𝘵 𝘢𝘣𝘢𝘯𝘥𝘰𝘯𝘮𝘦𝘯𝘵 𝘸𝘰𝘶𝘭𝘥 𝘣𝘦 𝘮𝘰𝘳𝘦 𝘣𝘦𝘯𝘦𝘧𝘪𝘤𝘪𝘢𝘭. ... See MoreSee Less
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Partnerships in dentistry whether they are corporates or simple associations commonly give rise to disputes. The disputes sometimes progress to Court where the costs can be prohibitive for the parties. Most litigants wish they could have avoided this.The disputes most frequently arise where partners wish to exit an arrangement and need assistance with post-partnership issues such as contractual fees, staff, restraint and patient records ownership.These issues often require legal experience and knowledge of the practicalities of dental practice and case law.If both parties wish to resolve the matter they can seek a suitably qualified and experienced mediator or of they wish to have the decision made with confidentiality, they can seek arbitration.If you have a dispute you think you think could be resolved without litigation, call 07 3007 1777.Brad Wright Dental Practice Mediator and Arbitrator ... See MoreSee Less
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Level 6, Inns of Court, 107 North Quay, BRISBANE 4000

(07) 30071777
brad@resolve.dental

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