Dispute Resolution

& Litigation

Dispute Resolution & Litigation

Finding yourself involved in a legal dispute can be stressful. However, having experienced lawyers on your side can take some of the stress out of the situation. We can help you resolve your legal dispute using alternative dispute resolution processes, as well as litigation if you have to go to court.

Alternative Dispute Resolution

Not only is alternative dispute resolution now mandatory in many areas of the law, it provides a cost-effective method to resolve a dispute before the need to prepare evidence. It also allows for more creativity in the resolution process, as the outcome is not limited to orders that a court is able to make.

Alternative dispute resolution (ADR) includes several different processes – from informal negotiations or settlement conferences, mediations involving an independent mediator to test each party’s position, and more formal procedures such as arbitration and conciliation. All these processes fall under the ADR umbrella.

Choosing the appropriate process for your dispute may be the difference between resolving your matter at an early stage or ending up in protracted litigation. If you do manage to settle your dispute, it is important to have a properly drafted terms of settlement and deed of release prepared, which you can rely on to enforce the agreement and release you from further liability.

Litigation

If you are unable to resolve your dispute using alternative dispute resolution processes, it might be necessary to go to court to resolve the matter.

Litigation is the process of having a legal dispute involving two or more parties determined by a court. Civil law grants to individuals, companies, and other entities the right to sue for compensation or for specific action in matters such as breach of contract, defamation, debt recovery, damage to property and negligence. Throughout Australia and New South Wales, there are different processes, forms, and rules that apply, depending on which court your matter is to be heard in. Different types of legal action also have specific time limitations imposed, so it is important to seek legal advice quickly.

Once an action commences in court, the parties must comply with practice directions and court processes regarding the filing and service of documents, participation in dispute resolution (where relevant), the format and filing of evidence and attendance at directions hearings, status conferences and pre-trial hearings.

If you are involved in a legal dispute, it is important to retain lawyers with experience in the jurisdiction in which your matter will be heard. We have expertise in both state and federal jurisdictions, in tribunals and courts, and can assist with a range of matters including:

  • Property and commercial leasing disputes
  • Workplace matters including unfair dismissal
  • Construction and building disputes
  • Estate disputes including family provision claims
  • Partnership and shareholder disputes
  • Commercial litigation and business disputes
  • Breach of contract
  • Debt recovery and insolvency
  • Breach of copyright
  • Neighbourhood disputes

If you need assistance, contact us at [email protected] or call 02 6964 9343 for expert legal advice.