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Small Business Disputes

Disputes involving small businesses can include:

• supply of goods
• provision of services
• loans of money or goods
• dissolution of a partnership or business
• work and labour done
• breaches of contract
• sale of land
• negligence in performance of duties
• retail rental and tenancy disputes.

The following information is not legal advice and has been included to help you start thinking about the issues involved.

Dealing with disputes involving small businesses

Many disputes can be resolved through communication and negotiation, which can help to reduce costs, delays and legal action. The Dispute Settlement Centre provides a free service and can offer advice and tips for dealing with matters yourself. The Centre also provides neutral, objective mediators to help you resolve disputes of any size or complexity.

The 'disputeinfo' website has step-by-step advice about common dispute situations and practical solutions.

It's useful to:

• remember that most people are successful in business because they can negotiate
• remind yourself of the skills you normally rely on when you are involved in a deal
• try to see the situation of it as negotiating a new deal rather than finding fault with the old one
• keep in mind that you all have common interests in resolving the matter quickly and fairly
• remember there may be a lot at stake, since you could end up in court if you cannot resolve the matter between yourselves.

Many commercial disputes come to mediation through the courts after legal action has commenced. The DSCV conduct mediations for Magistrates' Court, County Court and Supreme Court cases.

If the matter settles at mediation then the court can be notified that no hearing dates are required and the outcome of the mediation can be filed with the court.

Who else can help?

Other organisations that can help with commercial matters include:

• Business Victoria
• Small Business Counselling Service
• VCAT Retail Tenancies List
• Magistrates' Court
• County Court
• Supreme Court.

If you are considering taking legal action we recommend you seek independent legal advice. Contact any of the following:

• Victoria Legal Aid
• Community Legal Centre
• the Law Institute of Victoria.