Dispute
Resolution
Dispute resolution refers to various legal pathways that can be used to resolve disputes between parties, including:
Negotiation
Some disputes can be resolved by negotiations between the parties.
Often, negotiations facilitated by legal practitioners can be the least expensive way to reach a binding resolution of a dispute.
We can help:
- Conduct Principled Negotiations
- Prepare, review and finalise written agreements
- Enforce the rights of a party if a settlement agreement is breached
Alternative Dispute Resolution (‘ADR’)
ADR is often presented as being a cheaper alternative to litigation, although there are some disputes which ADR is unlikely to be appropriate.
Mediation, conciliation, or arbitration, are three well-known forms of ADR.
Mediation and Conciliation are both aimed towards helping the parties to reach a compromise position. Both employ an independent third-party to help facilitate negotiations. Mediators and Conciliators do not make binding decisions on the dispute. Instead, they help facilitate negotiations.
Arbitration is closer to litigation, and will lead to a determination by the independent arbitrator based on the facts, evidence, submissions, legal arguments. Generally, the Arbitrator’s decision is binding on the parties. .
We can help:
- Review the dispute and evidence
- Narrow the issues
- Provide advice on your rights and responsibilities, options, costs and potential outcomes
- Prepare submissions
- Represent you in proceedings, for example, in arbitration
Litigation
Litigation is the process of bringing a dispute before a Court of Law (or other competent body) for determination.
Civil litigation is usually brought about to sue for compensation (by example, damages, or to recover a debt) or to achieve a specific outcome (by example, to force compliance with a contract, or to prevent a particular action from re-occurring).
Court decisions are binding upon the parties.
We can help:
- Represent the best interests of client
- Review and advise on the dispute and substantive law
- Provide advice on prospects, costs, and strategy
- Prepare the claim or the defence, as the case may be
- Review, prepare and respond to evidence
- Appear before the Courts
- Advocate for and on behalf of the client
- Enforce judgements
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