Commercial Disputes & Business Relationship Disputes
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Commercial disputes arise wherever there is a business relationship, whether it is about non performance of a contract, breach of contract, misinterpretation of a contract, different business expectations, loss of money, misrepresentation, misleading and deceptive conduct, trading disputes, delays in performance, non payment, quality issues, intellectual property disputes, product liability, personality and cultural conflicts or an inability to conclude an agreement or work together on a project. It may extend to enforcement of guarantees or default of loan agreements.

These disputes benefit most from mediation and particularly from facilitative mediation where the mediator assists the parties to concentrate on what is in their best business interests.

Tiernan Mediation’s philosophy is “Seeking Solutions, Building Business”.

A protracted court case is not only expensive, time consuming, stressful and distracting but the result is usually unsatisfying because the court makes a decision on the narrow legal issues before it without consideration of what business outcome the parties want. Mediation puts the parties in control of the dispute.

For Example, a contractual dispute between a manufacturer and a distributor can be resolved by the court applying the law to the court’s interpretation of different versions of events. Mediation, however can explore the underlying causes of the dispute, clarify the business goals of the parties, implement solutions to improve the way parties were doing business with each other and may lead to a long term, mutually profitable business relationship.

Mediation gives the parties an opportunity to reflect on why they were in business in the first place, to work on creating mutual benefit out of that relationship or if the relationship is over to extract themselves from disputation in a mutually constructive way.


Where to now?

Speak to a mediation expert

Often the best way to get the answers you need is to speak to an expert. Click here to contact one of our mediation experts via our contact forms or please call us on +61 3 9947 4541.

Organise an initial consultation

A face-to-face consultation gives you the opportunity to discuss your mediation issue with professionals who deal with and resolve these issues on a daily basis.

It gives you a chance to ask any questions you may have and for a member of our team to gain background and provide you an insight into the issues that you are facing.

For more information please call us on +61 3 9947 4541 or send us an e-mail at We are here to help you resolve your problems.

+61 3 9947 4541

+61 3 9642 4558


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Melbourne. 3000. Australia.

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