We can help if you or your business is involved in a legal dispute. We are skilled negotiators and use alternative dispute resolution processes wherever possible to deliver practical, workable solutions for your legal problem. We offer mediation, conciliation, and arbitration services and are also experienced advocates should your matter become litigated and need to proceed to court.
What is Alternative Dispute Resolution?
Before you decide to go to court, it might be possible to resolve your dispute in some other way. Alternative dispute resolution (ADR) refers to the different processes used to resolve a dispute without going to court. ADR includes negotiations or engaging in informal settlement conferences, as well as more structured processes such as mediation and conciliation.
ADR is less formal, and often a less costly way to resolve a dispute, than litigation. Not only does ADR have the potential to resolve matters quickly and cost effectively, but it offers benefits that court processes typically cannot, such as:
- More creative solutions than what may otherwise be available through court orders
- Less adversarial processes than a court hearing with a lower threshold for the presentation of evidence
- Greater control over the outcome, which is not possible if a matter proceeds to litigation and a court makes orders
- An opportunity for the parties to preserve their relationship
If a matter is resolved using an ADR process, the parties will need to enter into an agreement reflecting the terms of settlement reached and ending the dispute. As every dispute is different and may involve multiple parties and different issues, it is important to get legal advice on any terms of settlement before agreeing on them. This ensures you understand your rights and obligations and avoids future issues.
What happens when ADR doesn’t work?
Our objective is to provide alternatives to litigation so you can get your matter resolved as efficiently and cost-effectively as possible. As with all things, however, there are exceptions, and for some legal disputes, the courtroom becomes unavoidable. Urgent injunctions may be required, parties may be intractable, or you may need to fiercely defend a matter. In such cases, rest assured that we are well equipped to provide you with strong advocacy and representation.
What is Litigation?
Litigation is the commencement of legal proceedings in a relevant court or tribunal with jurisdiction to hear and determine a matter in dispute and order a remedy. Legal action must be commenced within a prescribed time, otherwise the claim may become statute barred.
Once an action commences in court, the parties must comply with practice directions and court processes for the filing and service of documents, participation in dispute resolution, the format of evidence, and attendance at directions hearings, status conferences and pre-trial hearings.
Parties involved in a litigated legal dispute may settle the matter at any stage without proceeding to a final hearing. Entering into a deed of settlement and consent orders will finalise the matter and dispose of the proceedings in court.
Before commencing litigation, you should obtain an objective assessment of the legal and practical merits of your case. Parties who are unsuccessful in a litigated dispute risk having a costs order made against them. This means not only having to pay their own legal costs, but being liable for the legal costs of the other party.
Court proceedings run to a strict timetable and litigation requires thorough preparation. Our litigation team will work closely with you so that you are aware of your options and can make informed decisions.
If you need help, or to arrange a consultation with an experienced litigation lawyer, contact [email protected] or call 02 7256 7050.