Litigation and Dispute Resolution: Alternatives to Going to Court
When legal disputes arise—whether in family, business, or employment contexts—many Australians believe their only path to justice is through the courtroom. But litigation can be time-consuming, emotionally draining and financially costly. Fortunately, under Australia's evolving legal landscape, Litigation and Dispute Resolution increasingly prioritises alternatives that are faster, more collaborative, and significantly more affordable.
Court proceedings are formal, adversarial and can often drag on for months or even years. Legal costs, court filing fees, and barrister expenses can add up quickly. Beyond the financial impact, litigation also risks damaging relationships—especially in family and business contexts where long-term interaction may still be necessary.
That’s where Alternative Dispute Resolution (ADR) steps in.
What Is Alternative Dispute Resolution (ADR)?
ADR refers to a range of processes that aim to resolve disputes without the need for formal court intervention. These methods are recognised and often encouraged by Australian courts, particularly through the Federal Court of Australia and the Family Court.
Common ADR methods include:
Mediation
Arbitration
Conciliation
Negotiation
Collaborative Law
Each offers a distinct approach suited to different types of disputes—from workplace grievances to commercial disagreements or family matters.
Mediation: Collaborating with a Neutral Third Party
Mediation is one of the most commonly used ADR processes in Australia. It involves an impartial mediator who helps both parties communicate, identify their needs, and work towards a mutually acceptable resolution.
Mediators do not make decisions or take sides—they facilitate productive conversation. Mediation is especially effective in family law matters (such as parenting or property disputes), workplace conflicts, and small business disagreements.
Many organisations, including the Australian Disputes Centre, offer professional mediation services. Courts also increasingly direct parties to attempt mediation before hearing a matter.
Key benefit: Cost-effective and focuses on preserving relationshipsm.
Arbitration: A Private Tribunal with Binding Outcomes
Arbitration is a more structured ADR method where both parties present their case to an independent arbitrator, who makes a binding decision. While it resembles a court hearing, arbitration is generally quicker, more flexible, and confidential.
Arbitration is commonly used in commercial, construction, and contractual disputes, especially when confidentiality and expertise are valued.
Key benefit: Enforceable outcome without court delays or public exposure.
Conciliation: A Blend of Mediation and Expert Advice
Conciliation sits between mediation and arbitration. A conciliator plays a more active role than a mediator by offering legal guidance and suggesting possible solutions. It's commonly used in discrimination, employment and consumer disputes.
The Fair Work Commission and Australian Human Rights Commission regularly use conciliation to resolve workplace-related conflicts and human rights matters.
Key benefit: More guided than mediation, less formal than arbitration.
While often overlooked, skilled legal negotiation can resolve issues early—saving both time and money. It's especially useful in business contracts, property settlements, and neighbourhood disagreements.
Key benefit: Quick, cost-effective and completely private.
Collaborative Law: A Team-Based Legal Approach
Collaborative law involves both parties and their lawyers committing to resolve disputes outside of court. All parties agree not to initiate litigation, and instead engage in a series of face-to-face meetings to reach agreement.
This method is often used in family law, especially where children or complex property divisions are involved.
Key benefit: Promotes open communication and long-term cooperation.
When Should You Choose ADR Over Court?
ADR is ideal when:
You want a faster resolution
You value privacy and confidentiality
You want to preserve relationships
You are concerned about legal costs
You want a tailored outcome instead of a rigid court ruling
That said, there are instances where court litigation is necessary—especially when urgent orders, enforcement, or legal precedent is required. In cases involving serious criminal behaviour, family violence, or breaches of public law, litigation may be unavoidable.
What If ADR Fails?
ADR is not legally binding unless the parties choose to make it so (e.g. through a written agreement or arbitration award). If ADR does not result in a resolution, you can still proceed to court with the benefit of knowing you attempted to settle the matter reasonably—which can reflect positively in court.
The Role of Legal Experts in ADR
While ADR methods are designed to be more accessible, navigating them successfully still requires expert legal guidance. At New South Lawyers, our Litigation and Dispute Resolution team can:
Assess whether ADR is suitable for your case
Prepare you for mediation or arbitration
Represent you during negotiations
Draft binding agreements after resolution
Step in with litigation only when absolutely necessary
We work to minimise costs, conflict, and court time—while maximising your legal outcomes.
At New South Lawyers, we know that going to court isn't always the best—or only—way forward. Whether you're dealing with a family breakdown, business conflict or employment issue, our experienced Litigation and Dispute Resolution team is ready to help you find the most effective path to resolution.
Contact New South Lawyers today to explore mediation, arbitration or legal negotiation—and avoid the cost and stress of court.
