Dispute resolution · advisory · management

End your dispute with Endispute.

Endispute is a leading provider of dispute resolution, dispute advisory and dispute management services in respect of complex disputes. The dispute processes are tailored to meet the needs of various industry, commercial corporations and all who do business with them, within Australia and internationally.

Leaders in Conflict ResolutionAustralia & internationallyOut of court · in confidence
Deed of ResolutionIn Confidence
EndisputeNo. 001 · Folio I
RECITAL

WHEREAS the parties seek to resolve a complex commercial dispute out of court, in confidence, and with their relationship intact —

ART. I

Endispute is a leading provider of dispute resolution, dispute advisory and dispute management services in respect of complex disputes.

ART. II

The processes are tailored to the needs of industry, commercial corporations and all who do business with them — within Australia and internationally.

ART. III

IT IS RESOLVED THAT a professional approach be adopted, and that a highly regarded Panel and effective process be employed to finalise the matter.

Recital · The PracticeWho we are
Professor Tania Sourdin, Director & Co-Founder
Professor Tania SourdinDirector & Co-Founder

A practice built on resolution.

We work with government, industry and business to preserve commercial relationships and maintain confidentiality. With experience in telecommunications, financial, commercial and construction industries we offer our services to local and global industries of any size and geography.

Internationally-renowned scholar, researcher and practitioner in the conflict resolution field.Professor Tania Sourdin · Director & Co-Founder

Professor Sourdin has practised across Australia, New Zealand, Hong Kong, Canada, the United States, the UK, the United Arab Emirates and the Pacific. She has worked throughout the Pacific for the IMF and World Bank, and was previously Director of the Conflict Resolution Research Centre at La Trobe University. Her conflict resolution practice focuses on complex dispute resolution and management — including executive, workplace, commercial, intergovernmental, interpersonal and complex conflict situations.

The Articles · four movementsHow a matter is conducted

How the matter is conducted.

The mission of Endispute is to provide the highest quality dispute resolution services in respect of complex disputes. We accomplish our mission by ensuring that a professional approach is adopted and ensuring that our highly regarded Panel and processes are effective, efficient and respected.

01

Assessment & Registration

Intake and assessment service. Complimentary one-hour consultation. Brief dispute management plan and basic costing structures.

  • §Provide an intake and assessment service for your dispute
  • §Offer a one-hour complimentary consultation to discuss options for your dispute process and panel composition
  • §In complex matters we will discuss multi-layered processes to suit your needs
02

Initiation of the Dispute Resolution Process

Resource preparation, detailed timetabling, panel availability, venues across Australia and internationally, confidentiality agreements, transparent costing.

  • §Assist with preparation of resources to commence the dispute resolution process efficiently and easily
  • §Prepare a detailed timetable for all parties in the dispute
  • §Ensure availability of the panel and expert panel members as necessary
03

Management of the Dispute

Active management between meetings, information exchange support, material validation, tracking, and process monitoring to keep matters moving.

  • §Manage any steps between meetings to save costs while supporting panel members
  • §Support exchange of information between parties and dispute resolution panel experts
  • §Validate that preparatory material is available for all parties prior to the dispute
04

Follow Up

Ongoing support after resolution, detailed memorandum, safeguard processes such as binding appellate review, and follow-up on outstanding issues.

  • §Continue to provide support to ensure the process has met your procedural interests
  • §Provide a detailed memorandum of your dispute resolution process
  • §Provide double check and safeguard processes such as binding appellate arbitral processes where necessary
The Processes · five instruments

A multitude of ways to resolve.

We offer dispute resolution, advisory and management services working with industry and businesses to preserve commercial relationships. We offer a multitude of dispute resolution processes including evaluation, expert appraisal, private judging, arbitration and mediation to serve your unique needs.

Resolve disputes without burning the bridges that took years to build.On preserving commercial relationships
  • 01

    Facilitation

    An impartial chair to clarify issues and move parties towards a defined conclusion.

  • 02

    Structured Mediation

    Facilitative, issue-based and evaluative mediation tailored to the matter.

  • 03

    Evaluative Processes

    Expert opinion on the likely outcome should the matter proceed to trial.

  • 04

    Expert Referral

    Specialist subject expertise applied to particular issues in dispute.

  • 05

    Arbitration

    The longest-standing form of ADR — flexible procedure, parties shape the rules.

Approaches · the third party's role

Three modes of resolution.

01

Facilitative

A third party, often with no advisory or determinative role, providing assistance in managing the process of dispute resolution. Includes mediation, conciliation and facilitation.

02

Advisory

A third party who investigates the dispute and provides advice on the facts and possible outcomes. Includes investigation, case appraisal, dispute counselling, mini trial and early neutral evaluation.

03

Determinative

A third party investigating the dispute, which may include a formal hearing, and making a determination that is potentially enforceable. Includes adjudication and arbitration.

Exhibit A · Schedule of ProcessesAnnexed hereto

The Endispute range of processes.

The spectrum of third-party involvementassist the processdecide the outcomeIFacilitativeA third party, often with noadvisory or determinativerole, providing assistance inIIAdvisoryA third party who investigatesthe dispute and providesadvice on the facts andIIIDeterminativeA third party investigatingthe dispute, which may includea formal hearing, and making a
Exhibit A — range of processesFacilitative · Advisory · Determinative
Why Endispute

A dispute, closed — a relationship, kept.

01

Preserve commercial relationships

Resolve disputes without burning the bridges that took years to build.

02

Protect corporate reputation

Confidential processes keep sensitive matters out of the public record.

03

Minimise costs and save executive time

Cost-efficient resolutions free executives to focus on running the business.

04

Focus on business, not conflict

Tailored processes resolve issues without becoming a long-running distraction.

Questions · marginalia

In the margin.

What does the Endispute process offer that litigation does not?+

Conflict Resolution processes can offer many advantages compared to litigation – they can be confidential, flexible, cost-effective and time-effective processes that can also assist parties to maintain commercial relationships and reduce executive and management costs. Endispute provides conflict resolution services that are managed to ensure that the process options are more likely to work. The Panel process and the dispute management service produce outcomes that are valued by clients and can save time and cost.

What if we don't agree on an outcome?+

Most facilitative forms of conflict resolution are consensual processes that rely upon the parties to work towards a mutually beneficial outcome. These forms of conflict resolution, when conducted by skilled and experienced panel members, have high rates of resolution. In complex disputes, careful planning also supports the decision-making process of the parties. Endispute also offers Panel Review processes and determinative processes where the parties can agree to be contractually bound by the outcome.

What will it cost?+

Costs are usually split equally between the parties involved in the conflict resolution process. These generally include the cost of the Panel Member, the venue and any associated costs. Endispute also charges a registration fee for each party if after your initial consultation you decide to use the services of Endispute. Endispute has on file indicative fee ranges of the Panel members (between $3,000 – $13,000 per day) as well as biographies and can provide you with an indicative costing. Costs can be dealt with as part of an agreement and an estimation of the costs of the process will be provided to parties as part of the registration service.

Where does Endispute operate?+

Endispute operates around Australia and internationally. We arrange meeting venues throughout Australia and through our international network of providers. Please send us a message and we will respond promptly and in confidence.

Is the process confidential?+

Yes. We provide a stand-alone sample confidentiality agreement and guidelines that can be modified to suit all parties to the dispute. Confidentiality is one of the key advantages of working with Endispute compared to public litigation, and is a particular focus of our process management.

Execute the deed

End Your Dispute With Endispute.

When you contact Endispute you have access to a professional dispute advisory service that enables you to save costs and minimise risks. Our complimentary intake and assessment process ensures that the processes used are designed to effectively finalise disputes.

Australia & internationally · We respond promptly & in confidence