Australian Arbitrator, Lawyer and Mediator

Hugh D McArdle

Bjuris, LLB, LLM, Prof Cert Arb, FAICA , MCIArb.

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I practise internationally and domestically as an arbitrator and mediator as well as being a founding member of the leading set of alternative dispute resolution chambers. SeeĀ

In addition to my general expertise resolving disputes involving commercial contracts, I have a specific proficiency in relation to workplace disputes and employment issues.

Workplace disputes; examples of the matters I deal with in my practice-

Employment law disputes concerning Executive employees.

ADR, is by far, the preferred process to resolve these disputes, for example, in relation to an issue concerning dismissal the remuneration of the executive may preclude access to a statutory tribunal such as Fair Work Australia. The alternative is litigation which is public, expensive, cumbersome and may not produce an expeditious determination of the dispute.

Employment contracts of executive employees should always have dispute settlement clauses which provide for mandatory ADR processes before allowing the parties to pursue litigation in the courts.

The executive may for example, be a foreign national posted to another country by his employer. There may be issues concerning which law regulates the relationship, where the breach of the employment contract occurred and enforceability of a settlement between the parties.

An arbitrator as an independent third party can manage all of these issues, and ensure that an award will be legally binding and enforceable by either party regardless of where they are domiciled.

In the absence of an existing ADR clause, the parties can , agree to avail themselves of the services of a neutral third party to resolve any dispute.

Workplace negotiations for enterprise bargaining agreements.



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