Dispute Resolution & Litigation
It is a fact of life that disagreements may arise in dealing with Business or Personal matters that may lead to legal disputes and Litigation. We can assist you through representing you in negotiations, mediations, settlement conferences and, if necessary, commencing or defending litigated proceedings, whether in a Court or Tribunal. We can advise you of your legal position, provide options to resolve the issues in your matter and, wherever possible, to try to obtain a cost-effective and workable solution without resorting to Court proceedings.
We can assist you with:
- Property and leasing disputes
- Construction and building disputes
- Planning disputes
- Shareholder and partnership disputes
- Contract disputes
- Consumer claims
- Estate disputes and family provision claims
- Insolvency and debt recovery matters
- Employment and workplace disputes
- Insurance and personal injury
- Motor vehicle accident claims
- Work Accident Claims
Alternative Dispute Resolution
Many legal disputes can be resolved using alternative dispute resolution (ADR) processes, rather than going to Court. ADR includes processes like negotiation, mediation, conciliation, and facilitation. These processes can save considerable time and money and may well help preserve the parties’ commercial and personal relationships, rather than these deteriorating further over the course of expensive litigation.
In addition to cost and time savings, ADR can offer other benefits. Because the processes are less formal than Court proceedings, there is typically a lower threshold of evidence required, and the parties can often find more flexible solutions to their problem than what Court orders might provide.
If you resolve your legal dispute using ADR, Terms of Settlement can be prepared to ensure your agreement is legally binding and the matter is finalised, once and for all.
Negotiation
Negotiation is usually always the first step involved in resolving a dispute between two or more parties. It involves the parties communicating directly, either by speaking with each other or in writing, with the goal of reaching an agreement. Each party can be represented by their own lawyer who can explain their legal position, provide options, and negotiate on behalf of their respective client.
Mediation
Mediation involves an impartial person (a mediator) who assists the parties to negotiate a settlement to their dispute. The mediator does not take sides or determine the matter but encourages the parties to reach a workable solution. Mediation is generally confidential. If it does not completely resolve the matter, it can still be useful in narrowing down some of the issues, to provide a more focused pathway forward to achieving resolution.
Facilitation
Facilitation is like mediation but more commonly used for groups that are in conflict, for example local planning matters or body corporate disputes. Facilitation can also be used as a forum for differing points of view to be discussed and considered in reaching an agreement. The process is led by an impartial person called a facilitator.
Conciliation
Conciliation is a process in which the parties to a dispute try to reach an agreement with the help and advice of an impartial person, referred to as a conciliator. The conciliator usually has experience relating to the type of issues being disputed and can advise parties of their respective rights and obligations.
Arbitration
The arbitration process is generally more formal than other forms of dispute resolution and involves the parties presenting their case to an independent third person (the arbitrator). The parties are bound by the arbitrator’s decision. Arbitration is sometimes used when the methods of alternative dispute resolution have proven unsuccessful.
Litigation
When all else fails, litigation may be the only option left to resolve your legal dispute. In litigation. The parties give over their power to the Court to make a decision about the outcome of their matter. This outcome can be enforced by the Courts, through Orders, ensuring that the dispute is fully resolved.
Litigation can be an effective vehicle to resolve a dispute. However due to the cost and time involved, it should be a last resort when the parties need to keep a workable connection into the future.
Families in dispute over a Will, parents trying to agree arrangements for their children, and neighbours who need to live in harmony should think very carefully before embarking on litigation. In each of these cases, the process of going to a court or tribunal is likely to entrench differences and prolong the disputes.
Court proceedings are commenced by the aggrieved party (the plaintiff or applicant) filing a summons or application in the relevant jurisdiction of a Court or Tribunal, identifying the party against whom a remedy is sought (the defendant or respondent). The claim usually includes a statement of facts summarising the circumstances of the case, identifies the wrongdoing or area of law breached and states the remedy sought to be obtained.
Once an action commences in the Court or Tribunal, the parties must comply with practice directions and 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.
As your Lawyer, we will work closely with you so that you are aware of your options and properly prepared for your case.
If you need assistance in the areas of Law described above, contact John Comino at johnc@cominodaniels.com.au or George Caramanlis at georgec@cominodaniels.com.au or call us on 02 9386 5888 for expert legal advice.