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Dental Dispute Resolution Centre / Project

When it’s time to go…

PRACTICE SPLIT UP ?

Despite the best intentions and agreements, practice owners do part ways. And sometimes it’s not easy. And even with the best legal and accounting advice, sometimes you will need guidance.

Dealing with considerations such as patient records, business names, social media accounts, staff and restraints can be a minefield if these issues are not well understood by the parties, or if the matter is attempted to be resolved by a dispute resolver without the skills and experience.

Mediation of a practice dispute as to how practices operate after separation and on what terms is best done early and with an appropriate mediator with dental, management and legal experience in commercial matters.If breaking up is hard to do – seek mediation from an accredited mediator who has the experience in practice and law to resolve this effectively.

Call 07 3007 1777 or email brad@resolve.dental for obligation free assessment of your dispute for alternate dispute resolution.

News - 08/30/2016

Dispute resolution, agreement and legally resolve problems concept

Why Mediation ?

What matters can be mediated?

In modern private dental practice, many issues can be mediated.

In fact there are very few that cannot.Matters that can be resolved on a final basis at mediation by a competent experienced mediator include

Contract disputes with other dental practitioners;
Fair Work matters;
Restraint of Trade;
Dental Records Ownership;
Practice Purchase and Sale disputes;
Partnership Disputes
Corporations Law Disputes

f you have a matter that you think may be suitable for mediation, then contact me on 07 30071777 for a no charge discussion or email brad@resolve.dental

News - 08/30/2016

Dental Dispute Resolution

3 months ago

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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Dental Dispute Resolution

4 months ago

Lin & Anor v Lee [2021] QSC 336When drafting dispute resolution clauses, care needs to be exercised that they are not void for uncertainty. But in this case one party sought to have the dispute resolved by arbitration, and the other resisted the arbitration.The relevant part of the contract that was said to be the arbitration clause was clause 11c:"If the parties cannot reach an agreement within 21 days, the parties agree to refer the dispute to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC, or by another dispute resolution process suggested by ACDC and accepted by the parties. It is expected that any fees payable to ACDC or to the person appointed by ACDC will be paid by the parties equally."The Court found citing AGL Energy Ltd v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765 that the arbitration clause may be read that an arbitration was a possibility for resolution but not the only way the dispute could be resolved. The court found that it was not an arbitration clause for the purposes of clause 7 of the Commercial Arbitration Act 2013 (Qld).This allowed the litigation in the Court to proceed.Proper Arbitration clauses can readily be found. This is in standard form from the Resolution Institute..."Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules.Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute."Brad Wright - Arbitrator | Mediator | BarristerLiability limited by a Scheme approved under Professional Standards Legislation. ... See MoreSee Less

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