Commercial rent and lease

Dispute resolution eases pressure for business owners and landlords

Lease costs are often one of the largest operating expenses for businesses, so associated issues and disputes can have a big impact.


  • If a business owner and their landlord can’t agree on rent for a commercial premises, or on a change to an existing lease, arbitration and mediation are quick and cost-effective dispute resolution methods.

    Sometimes commercial leases have a dispute resolution clause included to set out how such situations are handled. These will generally allow for either mediation and/or arbitration to be entered into so both parties avoid the time and cost of going to court.

    At Fair Way, we understand the pressure disputes place on businesses and landlords, and how vital it is to find fast and effective resolution methods.

    Begin the process of easing those pressures by getting in touch with Fair Way.

  • Fair Way’s mediation or arbitration processes help resolve disputes involving:

    • Rent relief

    • Rent reductions

    • Lease changes


  • Conciliation Mediation


    All parties work together to find an agreed way forward.

    Mediation is a fast and cost-effective way to resolve disputes together. An independent mediator supports you to explore your issues and options together.

  • Adjudication Arbitration Review


    An arbitrator is appointed to make a binding decision on the matter. 

    Arbitration can be used for a range of issues. It’s a quicker, cheaper and more private alternative to going to court.

Sometimes both sides of a dispute seem a very long way apart, and you might think a resolution can’t be reached. If so, it’s hard to see a way forward.

But we can – and we can help. At Fair Way, we have a team of skilled resolution practitioners who understand all aspects of property law and how you can resolve your issues.

The first step is to call us. Talk to our experienced team about your issues and the details of the lease, and they can tell you about the different dispute resolution options.

To ask questions or get started, contact our friendly team on 0800 77 44 08, online, or by email at We’re happy to guide you through process.

Learn more about mediation

  • When should I use mediation?

    Miscommunication is often at the heart of a dispute. If you’ve tried discussing the problems with each other, but can’t agree on a way forward, mediation can be a good choice. However, that’s only if both sides are willing to keep talking.

    If so, one of our independent Fair Way mediators can use their knowledge of commercial leases and property law, and their mediation skills, to work with you both to help you reach a shared agreement.

  • How does it work?

    Mediation is a way to resolve issues through conversation.

    Our mediators help you resolve a dispute by providing a process for navigating the issues and the options for resolution. One of our skilled mediators supports you and the others involved to reach an agreement together.

    They encourage you to understand each other’s perspectives, talk through the issues, identify mutual interests, develop realistic options, and agree on a solution.

  • How much does it cost?

    Before you commit to mediation, we will quote a fixed fee in most circumstances, with pricing starting at $4000 excluding GST for a half-day mediation. When you get in touch with our team, we can provide a quote based on your requirements.

    Depending on your situation, one party may agree to cover the dispute resolution costs or the costs can be shared between the parties.

  • How long does it take?

    When you contact us, we’ll begin the process of engaging the other party, appointing a mediator and agreeing a mediation time, date and venue. It usually takes around one to two weeks to complete these steps.

    Mediations are usually scheduled for a half-day (four hours) or full day (eight hours), depending on the complexity of the issue and the number of parties involved.

  • What are the benefits?

    Quick – it usually takes around a week to get everything arranged.

    Cost effective – our disputes resolution service is significantly cheaper than involving lawyers or court proceedings

    Resolve conflict – reach an agreement that works for you.

    Restore relationships – reopen communication and move forward.

    Choice – choose the time, date and venue for your meeting.

    Privacy – all matters discussed are confidential and remain private.


Learn more about arbitration

  • When should I use arbitration?

    Arbitration is quite a flexible process that can have a narrow or wide focus, depending on your needs.

    By agreement, it can be used for a range of issues – for example, an arbitrator can consider the impact of delays and then award damages. It’s a quicker and more private alternative to court.

    If your lease agreement lists arbitration within its dispute resolution clause, Fair Way can appoint an independent person to decide on the issue or issues in dispute. If you’re not sure, we can review your contract and advise on the appropriate dispute resolution process.

  • How does it work?

    Arbitration is like having a private judge. It’s a formal process where an independent person decides on a dispute, governed by the Arbitration Act 1996 and the Property Law Act 2007.

    By agreement, you decide on the process, timeframes and rules, with the assistance of the arbitrator.

    Fair Way manages the process throughout, guiding you through the steps and keeping you on track.

  • How much does it cost?

    Fixed price arbitration is available, with pricing starting from $7000 excluding GST.

    When you contact our team, we provide you with a quote based on your requirements.  

    One party may offer to cover the dispute resolution costs or the costs can be shared between the parties.

  • How long does it take?

    Arbitration is a quick process. A decision can be made within a few weeks.  

  • What are the benefits?

    Quick – arbitrations can be completed far more quickly than court hearings, with many cases determined within just a few weeks. 

    Cost effective – significantly cheaper than involving lawyers or court proceedings.

    Choice – arbitration is flexible process – by agreement you can choose an arbitrator, the process and rules, timeline, scope of issues, and evidence considered.

    Privacy – all matters discussed are confidential and remain private.