Dispute Resolution

How to use our report

The Risk Doctor’s reports can be used in any one of the dispute resolution methods, including one or more of the following: informal discussion, mediation, arbitration or litigation.

Buyers and sellers

We write reports for both buyers or sellers, but in a dispute, The Risk Doctor normally act only for one side.

How can The Risk Doctor help you

  • Let us write a report for you that can be used in dispute resolution.
  • Since first starting to write these reports in 1989, The Risk Doctor have written for/appeared as an expert witness/forensic accountant in informal discussions, mediations, arbitrations and litigation (in the Victorian Magistrates’ Court, the Victorian County Court, the Victorian Supreme Court, the Family Court of Australia and the Federal Court of Australia).
  • As an accountant, The Risk Doctor understand the numbers
  • As a trained lawyer, The Risk Doctor understand the practices and procedures relating to how the report needs to be written and how it fits into the legal system.
  • Furthermore, as The Risk Doctor is normally the first person to see all the key facts together, our legal training assists in making suggestions to your lawyers as to what they may wish to consider/concentrate on.

Example

The purchaser sent out a Request for Tender, and obtained a number of responses. It chose what it thought was the best supplier. Later the purchaser considered the products and/or services obtained were sub-standard, causing it significant loss and thus wanted to sue, or at the very least ‘rattle the sword’ and get some form of settlement. To do this the purchaser knew that it would need the facts prepared in a clear, accurate and unequivocal manner to help enhance its chances of a reasonable settlement. If the report is used in contested dispute resolution, including arbitration and litigation, it is vital that various laws and accepted procedures are followed in the preparation of the report. Normally, the seller would also prepare a report as to the purchaser’s allegations, and the extent of their financial claims, and whether these have been overclaimed.