PRACTICE SPLIT UP ? Despite the best intentions and agreements, practice owners do part ways. And sometimes itโs not easy.…
Why Mediation ?
What matters can be mediated? In modern private dental practice, many issues can be mediated. In fact there are very…
The recent case of ๐๐ฟ๐ฒ๐ฎ๐๐ถ๐๐ฒ ๐ฆ๐บ๐ถ๐น๐ฒ๐ ๐ฃ๐๐ ๐๐๐ฑ & ๐๐ป๐ผ๐ฟ ๐ ๐๐ธ๐ฒ๐ฟ๐ฎ ๐๐ฒ๐ป๐๐ฎ๐น ๐ฃ๐๐ ๐๐๐ฑ & ๐๐ป๐ผ๐ฟ [๐ฎ๐ฌ๐ฎ๐ฎ] ๐ฉ๐๐ ๐ฎ๐ฎ๐ด๐ญ 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.![]()
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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.)![]()
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Firstly advantage of mediation is ๐ฐ๐ผ๐ป๐ณ๐ถ๐ฑ๐ฒ๐ป๐๐ถ๐ฎ๐น๐ถ๐๐. 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 confidential![]()
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Secondly, is the matter of ๐ฐ๐ผ๐ป๐๐ฟ๐ผ๐น. 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.![]()
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Thirdly that of ๐ฐ๐ผ๐๐๐ . 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.![]()
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The fourth advantage is that Mediation brings ๐ฐ๐ฒ๐ฟ๐๐ฎ๐ถ๐ป๐๐. 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.![]()
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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.![]()
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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.![]()
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For any dental practice related disputes, give some thought to mediation.![]()
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* ๐ต๐ฉ๐ฆ ๐ฑ๐ฉ๐ฆ๐ฏ๐ฐ๐ฎ๐ฆ๐ฏ๐ฐ๐ฏ ๐ธ๐ฉ๐ฆ๐ณ๐ฆ๐ฃ๐บ ๐ข ๐ฑ๐ฆ๐ณ๐ด๐ฐ๐ฏ ๐ช๐ด ๐ณ๐ฆ๐ญ๐ถ๐ค๐ต๐ข๐ฏ๐ต ๐ต๐ฐ ๐ข๐ฃ๐ข๐ฏ๐ฅ๐ฐ๐ฏ ๐ข ๐ด๐ต๐ณ๐ข๐ต๐ฆ๐จ๐บ ๐ฐ๐ณ ๐ค๐ฐ๐ถ๐ณ๐ด๐ฆ ๐ฐ๐ง ๐ข๐ค๐ต๐ช๐ฐ๐ฏ ๐ฃ๐ฆ๐ค๐ข๐ถ๐ด๐ฆ ๐ต๐ฉ๐ฆ๐บ ๐ฉ๐ข๐ท๐ฆ ๐ช๐ฏ๐ท๐ฆ๐ด๐ต๐ฆ๐ฅ ๐ฉ๐ฆ๐ข๐ท๐ช๐ญ๐บ ๐ช๐ฏ ๐ช๐ต, ๐ฆ๐ท๐ฆ๐ฏ ๐ธ๐ฉ๐ฆ๐ฏ ๐ช๐ต ๐ช๐ด ๐ค๐ญ๐ฆ๐ข๐ณ ๐ต๐ฉ๐ข๐ต ๐ข๐ฃ๐ข๐ฏ๐ฅ๐ฐ๐ฏ๐ฎ๐ฆ๐ฏ๐ต ๐ธ๐ฐ๐ถ๐ญ๐ฅ ๐ฃ๐ฆ ๐ฎ๐ฐ๐ณ๐ฆ ๐ฃ๐ฆ๐ฏ๐ฆ๐ง๐ช๐ค๐ช๐ข๐ญ.
The recent case of ๐๐ฟ๐ฒ๐ฎ๐๐ถ๐๐ฒ ๐ฆ๐บ๐ถ๐น๐ฒ๐ ๐ฃ๐๐ ๐๐๐ฑ & ๐๐ป๐ผ๐ฟ ๐ ๐๐ธ๐ฒ๐ฟ๐ฎ ๐๐ฒ๐ป๐๐ฎ๐น ๐ฃ๐๐ ๐๐๐ฑ & ๐๐ป๐ผ๐ฟ [๐ฎ๐ฌ๐ฎ๐ฎ] ๐ฉ๐๐ ๐ฎ๐ฎ๐ด๐ญ 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 ๐ฐ๐ผ๐ป๐ณ๐ถ๐ฑ๐ฒ๐ป๐๐ถ๐ฎ๐น๐ถ๐๐. 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 confidential![]()
![]()
Secondly, is the matter of ๐ฐ๐ผ๐ป๐๐ฟ๐ผ๐น. 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 ๐ฐ๐ผ๐๐๐ . 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 ๐ฐ๐ฒ๐ฟ๐๐ฎ๐ถ๐ป๐๐. 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.![]()
![]()
* ๐ต๐ฉ๐ฆ ๐ฑ๐ฉ๐ฆ๐ฏ๐ฐ๐ฎ๐ฆ๐ฏ๐ฐ๐ฏ ๐ธ๐ฉ๐ฆ๐ณ๐ฆ๐ฃ๐บ ๐ข ๐ฑ๐ฆ๐ณ๐ด๐ฐ๐ฏ ๐ช๐ด ๐ณ๐ฆ๐ญ๐ถ๐ค๐ต๐ข๐ฏ๐ต ๐ต๐ฐ ๐ข๐ฃ๐ข๐ฏ๐ฅ๐ฐ๐ฏ ๐ข ๐ด๐ต๐ณ๐ข๐ต๐ฆ๐จ๐บ ๐ฐ๐ณ ๐ค๐ฐ๐ถ๐ณ๐ด๐ฆ ๐ฐ๐ง ๐ข๐ค๐ต๐ช๐ฐ๐ฏ ๐ฃ๐ฆ๐ค๐ข๐ถ๐ด๐ฆ ๐ต๐ฉ๐ฆ๐บ ๐ฉ๐ข๐ท๐ฆ ๐ช๐ฏ๐ท๐ฆ๐ด๐ต๐ฆ๐ฅ ๐ฉ๐ฆ๐ข๐ท๐ช๐ญ๐บ ๐ช๐ฏ ๐ช๐ต, ๐ฆ๐ท๐ฆ๐ฏ ๐ธ๐ฉ๐ฆ๐ฏ ๐ช๐ต ๐ช๐ด ๐ค๐ญ๐ฆ๐ข๐ณ ๐ต๐ฉ๐ข๐ต ๐ข๐ฃ๐ข๐ฏ๐ฅ๐ฐ๐ฏ๐ฎ๐ฆ๐ฏ๐ต ๐ธ๐ฐ๐ถ๐ญ๐ฅ ๐ฃ๐ฆ ๐ฎ๐ฐ๐ณ๐ฆ ๐ฃ๐ฆ๐ฏ๐ฆ๐ง๐ช๐ค๐ช๐ข๐ญ.
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.![]()
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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.![]()
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These issues often require legal experience and knowledge of the practicalities of dental practice and case law.![]()
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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.![]()
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If you have a dispute you think you think could be resolved without litigation, call 07 3007 1777.![]()
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Brad Wright ![]()
Dental Practice Mediator and Arbitrator
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