Alternative Dispute Resolution
Before taking a legal matter to court, there are quicker, cheaper options that should usually be explored. Alternative Dispute Resolution (ADR) refers to the different processes used to resolve a dispute without the need to go to court. ADR processes are less formal than court proceedings and may deliver more flexible solutions to a problem. ADR processes include negotiation, mediation, conciliation, and arbitration.
Negotiation is generally the first step and involves communication between the parties to a dispute with the aim of trying to reach a workable solution. The parties may speak or write either directly or through their respective legal representatives.
Mediation involves a neutral third party mediator facilitating discussions between the parties to a dispute, with the aim of reaching a mutually acceptable solution. The mediator does not decide the matter but encourages the parties to work through their issues to reach agreement.
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 some experience of the matter being disputed and can advise parties of their respective rights and obligations.
Arbitration is similar to litigation but involves a neutral third party making a binding decision based on the presented evidence.
Litigation
Litigation is the process of initiating proceedings and presenting evidence and submissions to have a legal dispute determined by a relevant court. It is the most formal example of dispute resolution with various courts established to hear different types of matters with different thresholds.
Litigation can be an effective means of finally determining a dispute but is usually best left until all other avenues have been exhausted or for cases where an urgent order is being sought. Families involved in estate disputes and neighbours who need to live in harmony should think carefully before going down the path of litigation which can often cement differences and sever any real chance of mending bridges down the track. Likewise, 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.
While we typically foster an alternative approach to resolving a legal dispute, there are times when court proceedings are necessary. We can assist with all aspects of the litigation process, from initiating proceedings or defending a claim to conducting discovery and presenting evidence in court. Litigation can be a lengthy and expensive process, and it is important to have the guidance of an experienced solicitor who can help you navigate the legal system and achieve the best possible outcome for your situation.
Debt Recovery
If somebody owes you or your business money, the process used to recover the debt depends on various factors. To avoid throwing good money after bad, an informed decision must be made that will likely produce the best result in the circumstances. This requires consideration of the debtor entity, the amount owed, whether the debt is disputed, and whether there is specific legislation that applies to recovering the type of debt owed. We can help you to choose and pursue the most suitable process for your circumstances.
For quality legal services and advice, contact [email protected] or call 02 88660188.