Dispute Resolution & Litigation
When it comes to legal disputes, we aim to provide alternatives. In other words, litigation is almost always a last resort. Using alternative dispute resolution processes such as negotiation and mediation, with the assistance of an experienced lawyer can make a big difference in settling your dispute quicker, cheaper and with less stress than going to court. That said, sometimes the courtroom is unavoidable in order to pursue your legal rights.
If you have a legal dispute we can help. We are experienced negotiators and litigation lawyers with proven success across a wide range of New South Wales civil suits including:
- Commercial and business litigation
- Will disputes and family provision claims
- Debt recovery
- Building and property disputes
- Dividing fence disputes
- Breach of contract
- Breach of copyright
- Negligence claims
- Tenancy disputes
- Freezing Orders
What is Mediation?
Mediation involves a neutral person (the mediator) who usually meets face-to-face with the parties to a dispute and assists them to reach a resolution. The meeting is confidential, and the mediator does not provide legal advice, nor determine the dispute.
Mediation is best used when the parties are willing to negotiate in good faith and make genuine attempts to resolve their issues. Even if mediation does not resolve the dispute completely, it can still be very useful in identifying and narrowing down the matters in dispute. Mediation is ideal even for highly complex matters where reports by experts may also be used for the process. If an agreement is reached during the mediation process, the parties can formalise their negotiations by entering into terms of settlement which can be drafted by a lawyer.
In summary, mediation has many benefits, including:
- The location, date and time for mediation are determined by agreement between the parties, as opposed to a court timetable. This means the dispute can potentially be resolved quicker than court proceedings.
- Less formalities than court hearing, with a lower threshold for the presentation of evidence.
- The parties can explore more creative solutions to resolve their dispute which might not be available through court orders.
- The parties have an opportunity to preserve their relationship which can decline even further when court proceedings are instigated. This is an important consideration in family law disputes when the parties need to successfully co-parent, as well as commercial disputes where contracts for ongoing products or services may have been entered.
Going to Court
Despite the best of intentions, some legal disputes do end up in court. Civil law grants individuals the right to sue for compensation or for specific action in matters such as breach of contract, defamation, and negligence. Litigation is the process of filing a claim in a relevant court for a Magistrate or Judge to determine the outcome of a legal dispute and, if necessary, make orders. The parties to litigated proceedings may include individuals, corporations, government, or other entities.
Court proceedings are lengthy and complex. They typically involve the stages of commencing proceedings, pleadings (where the dispute is described by the plaintiff and defended by the defendant), discovery (disclosure of documents by both sides), trial (where the judge will hear the testimony of witnesses and make a ruling in the dispute), settlement and appeal (if relevant).
Different types of legal disputes proceed through different courts, have certain time limitations, and specific forms to be filed according to the type and/or monetary value of a claim. In all cases, it is important to seek legal advice to identify the legal issues involved, the likelihood of successfully pursuing or defending a claim, and your options moving forward.
If you need help, contact [email protected] or call 02 9997 7200 for expert legal advice.