Being involved in a legal dispute is a stressful experience, regardless of which side you are on. If you find yourself in a dispute, getting legal advice from an experienced lawyer early on can save you time and money. Our lawyers are skilled in both alternative dispute resolution and litigation, ensuring that your matter is resolved in a timely and cost-effective manner, with solutions tailored to your dispute.

Dispute resolution

Before you decide to go to court, it might be possible to resolve your dispute in some other way. Alternative dispute resolution processes range from informal processes, like negotiations to more formal processes, like mediation and conciliation. Many areas of civil litigation require parties to attempt to resolve their issues with an alternative dispute resolution procedure, such as an informal settlement conference or a mediation before a matter can be heard in court.

Alternative dispute resolution procedures are generally less formal and, often, less costly options for resolving a dispute than litigation.

Not only can alternative dispute resolutions resolve matters quickly and cost effectively, they offer benefits that court processes can not, such as:

• creative solutions not available by order of the court;
• less formality than in court and a lower threshold for evidence; and
• control over the outcome, which is not possible if a matter proceeds to litigation and a court makes orders.

If a matter resolves before the matter goes to court, it is necessary to enter into an agreement properly reflecting the terms of settlement. As every dispute is different and may involve multiple parties and different terms, it is essential to get legal advice on any terms of settlement before agreeing to them. This ensures you understand your rights and obligations and avoids future issues.

What is litigation?

Not every matter is able to be resolved through negotiation or mediation. At times, your only option may be to commence or defend proceedings in court. If this is the case, getting the procedure right is critical to securing a good outcome and avoiding costs orders.

Civil litigation is the process of dispute resolution between members of a community through the court system. Civil law grants to individuals the right to sue for compensation or for specific remedies in matters such as breach of contract, defamation and negligence.

If you feel that you have been wronged but it is not a criminal matter to be dealt with by the Police, then you may be able to commence court proceedings against someone. The kinds of disputes that are dealt with under civil law include disputes between:

• neighbours
• customers and suppliers
• business partners
• landlords and tenants
• buyers and sellers of property
• homeowners and builders
• employees and employers
• executors or beneficiaries in deceased estates
• owners of copyrights and patents
• creditors and debtors
• accident victims

We are experienced dispute resolution and litigation lawyers and have proven experience across a range of civil matters. We can assist you with every step of the process, from choosing the court to file in, to choosing the best barrister to appear (if necessary), and every step in between.

If you need any assistance, contact one of our lawyers at [email protected] or call 02 6686 4233 for expert legal advice.