Dispute Resolution & Litigation

We can assist with a range of commercial disputes including:

• Contract disputes
• Consumer claims and customer/supplier disputes
• Partnership/shareholder disputes
• Retail and commercial leasing disputes
• General Property disputes
• Debt recovery

Litigation

Litigation involves the legal process of resolving a dispute through the Court system. It is the most formal type of dispute resolution with various Courts established to hear different types of matters with different thresholds. In litigation, the parties give over their power to the court to make a decision about the outcome of their dispute. This outcome can be enforced by the courts, ensuring that the dispute is fully resolved.

Litigation can be an effective means of resolving a dispute but can also be quite time consuming and costly and so is usually best left until all other avenues for resolution have been exhausted. Business partners, shareholders and commercial entities that have an ongoing business or commercial relationship will in many cases benefit from resolving their legal dispute outside of the courtroom.

In some cases, however, litigation may be the only option left. Thorough preparation and expert assistance are essential to a favourable outcome.

Alternative Dispute Resolution

There are various substitutes for litigation, referred to as alternative dispute resolution (ADR). ADR processes are generally less formal, quicker and cheaper than going to Court and may offer more flexible solutions than a court-ordered judgement.

One of the benefits of ADR is that it is a process which allows the parties to design a solution themselves. A mediator is a neutral third party who is generally skilled at encouraging the parties to reach a workable outcome to their dispute. Mediation is typically confidential and can usually be arranged at a mutually convenient time and location.

Conciliation is a more formalised process, where the conciliator will suggest a proposal to resolve the dispute, although the parties are not obliged to adopt the proposal.

Arbitration is more formal than other forms of ADR, but the parties have more flexibility to set the rules than in litigation. The arbitrator’s decision is usually binding.

Help With Your Commercial Dispute

When disputes arise, our role as your lawyer is to help you reach a strategic, commercial resolution with the other party as quickly and inexpensively as possible.

Understanding your legal position and options for resolving a legal dispute is critical to ensure that you can make an informed decision. Effective dispute resolution can be assisted by retaining a practitioner with commercial acumen and knowledge of various laws and processes. We will work with you to protect your legal interests, and outline your options so you can pursue the most viable pathway forward.

If you need assistance, contact [email protected] or call 08 8166 7120.