PRACTICE SPLIT UP ? Despite the best intentions and agreements, practice owners do part ways. And sometimes it’s not easy.…
Why Mediation ?
What matters can be mediated? In modern private dental practice, many issues can be mediated. In fact there are very…
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
Lin & Anor v Lee [2021] QSC 336![]()
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When drafting dispute resolution clauses, care needs to be exercised that they are not void for uncertainty. ![]()
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But in this case one party sought to have the dispute resolved by arbitration, and the other resisted the arbitration.![]()
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The relevant part of the contract that was said to be the arbitration clause was clause 11c:![]()
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"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."![]()
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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).![]()
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This allowed the litigation in the Court to proceed.![]()
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Proper Arbitration clauses can readily be found. This is in standard form from the Resolution Institute...![]()
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"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.![]()
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Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute."![]()
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Brad Wright - Arbitrator | Mediator | Barrister![]()
Liability limited by a Scheme approved under Professional Standards Legislation.
If you want to resolve something it makes sense to use someone who is accredited....![]()
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resolve.dental/is-the-mediator-an-accredited-mediator/
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