The parties to the dispute generally have access to the Australian judicial system to obtain the resolution of disputes under a consulting contract; However, there are other forms of dispute settlement that can be envisaged in the Consultative Treaty. The parties are required by the Tribunal to resolve disputes under the consulting agreement, unless there is convincing evidence that would preclude this agreed manner (see Santos Limited v Flour Australia Pty Ltd  QSC 129). 1.3 Confidentiality. In order for the consultant to provide the consulting services, it may be necessary for the company to provide the consultant with confidential information (as defined below) about the company`s business and products. The company will rely heavily on the consultant`s prudent integrity and discernment to use this information only in the best interest of the company. For an explanation of this agreement, please see the Surview of Consulting Agreements File. 1.2 Time and Availability. The consultant will dedicate ________ hours per month to the delivery of services to the company, as shown here. In choosing the data and periods at which he provides such consulting services during the month, the advisor has shown discretion, taking due account of the needs of the company. If the company deems it necessary for the consultant to provide more hours than _____ in a month, the consultant is not required to perform such work until the consultant and the company have agreed on a compensation rate. [The time spent may be hours per day, per week or per year. The company may also choose to pay a monthly lump sum fee regardless of hours, but the company must be careful in this approach.] For these reasons, it is advisable to take care of your dispute resolution clauses. We advise you to maintain ADR as a non-binding option for resolving disputes, while granting yourself the right to use the Australian judicial system if necessary.
For more information, see our practical guides on dispute resolution and proportionate liability. 5.1 Confidentiality. When providing consulting services under this Agreement, the Consultant may be exposed to certain « Confidential Information » (as defined below) of the Company and be required to use it. The Advisor agrees that the Advisor and the Consultant`s staff, representative or representative do not use such Confidential Information, directly or indirectly, for the benefit of any person, organization or organization other than the Company, nor disclose such Confidential Information without the written permission of the President of the Company, neither during nor after the term of this Agreement. as long as this information retains the characteristics of the confidential information. In order to avoid ambiguity in the dispute resolution section, knowledge workers should highlight the preferred mediation process. A mandatory mediation clause should include the following conditions for parties considering arbitration proceedings. This ADR method is essentially the agreed presentation of a dispute by its parties to a third party to determine by which the parties agree to be bound. Unlike the resolution of a dispute by the Australian judicial system, the parties have broad control over this process.
Some of the perceived benefits of an arbitration procedure are as follows: as I said, a contract is a written description of how a business relationship is going to work in the world. No contact party enters into a contract with the intention of having a dispute, human nature at least makes disputes possible. The parties should carefully consider how to resolve disputes between them and clearly describe the contact dispute resolution process. . . .