Dispute Resolution & Litigation Newcastle
Being involved in a legal dispute is a stressful experience, regardless of which side you are on. If you find yourself in a dispute, getting legal advice from an experienced lawyer early can save you time and money. We are skilled in alternative dispute resolution processes and litigation. We can assist with a range of legal disputes including:
- contract disputes / breach of contract
- partnership and shareholder matters
- debt recovery and insolvency issues
- commercial and retail leasing disputes
- building and construction matters
- property and neighbourhood disputes
- property damage claims
- motor vehicle accident claims
- personal injury claims
- disputed estates and family provision claims
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 various procedures 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, conciliation, or arbitration.
Many areas of civil litigation require parties to attempt to resolve their issues with an ADR process before a matter can be heard in court. ADR procedures are generally less formal and, often, less costly options for resolving a dispute than litigation.
Not only do ADR processes have the potential to resolve matters quickly and cost effectively, but they offer benefits that court processes cannot, such as:
- creative solutions not available by order of the court;
- less adversarial than a court hearing with a lower threshold for evidence; and
- control over the outcome, which is not possible if a matter proceeds to litigation and a court makes orders.
If a matter is resolved using an ADR process, it is necessary to enter into an agreement properly reflecting the terms of settlement. As every dispute is different and may involve multiple parties and different issues, it is essential 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.
Litigation – going to Court
Not every matter can be resolved through negotiation or mediation and sometimes, your only option may be to commence or defend proceedings in court. If this is the case, getting the procedure right is critical to securing a good outcome and avoiding costs orders.
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 will become statute barred. Before commencing litigation, you should obtain an objective assessment of the legal and practical merits of your case.
The cause of action must relate to the breach of a specific law or laws, be clearly articulated, and supported by evidence which may require both expert and lay witness evidence.
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.
Parties involved in a litigated legal dispute may settle the matter at any stage without proceeding to a final court hearing. In such cases they will need to enter into a deed of settlement and consent orders to dispose of the proceedings in court.
If you are involved in a legal dispute, we can provide quality representation in and out of the formal court setting. We foster alternative dispute resolution processes as a quicker, less-expensive way to resolve your legal dispute. Should this not be viable however, we can draft your claim or defence, prepare evidence, and provide strong case-management and advocacy if your matter goes to court.
If you need assistance, contact one of our lawyers at [email protected] or call (02) 4987 3344 for expert legal advice.
FAQs
What is dispute resolution?
Dispute resolution refers to the processes used to resolve conflicts between parties outside of court. This may include negotiation, mediation, or arbitration, aiming to reach a mutually acceptable solution.
What types of disputes do you handle?
We handle a wide range of disputes, including commercial and contractual disputes, property disagreements, employment issues, debt recovery, construction disputes, and estate litigation.
What is the difference between mediation and arbitration?
Mediation is a voluntary process where a neutral mediator helps parties negotiate an agreement. Arbitration, on the other hand, involves a neutral arbitrator who hears the evidence and makes a binding decision.
When is litigation necessary?
Litigation becomes necessary when parties cannot resolve their dispute through alternative methods, or when legal action is required to protect rights or enforce obligations.
How long does the litigation process take?
The timeframe for litigation varies depending on the complexity of the case, the number of parties involved, and the court’s schedule. Some disputes can be resolved within months, while others may take years.
What are the benefits of resolving disputes outside of court?
Resolving disputes through alternative methods is often faster, more cost-effective, and less stressful than litigation. It also allows parties to maintain greater control over the outcome.
Can I recover legal costs if I win a dispute?
In many cases, the court may order the losing party to pay some or all of the winning party’s legal costs. However, this is not guaranteed, and the amount recoverable can vary.
What is a ‘without prejudice’ negotiation?
A ‘without prejudice’ negotiation allows parties to discuss settlement options freely without those discussions being used as evidence in court, encouraging open and honest communication.
What should I do if I receive a legal demand or court notice?
If you receive a legal demand or court notice, it’s important to seek legal advice immediately. Ignoring the notice can result in default judgments or other adverse consequences.
How can a lawyer help with dispute resolution?
A lawyer can assess your case, provide advice on your legal rights and options, negotiate on your behalf, and represent you in mediation, arbitration, or court proceedings.
What is the difference between civil and commercial disputes?
Civil disputes typically involve personal matters, such as property disputes or estate claims, while commercial disputes involve businesses, contracts, or trade-related issues.
Can disputes be resolved quickly?
Some disputes can be resolved quickly through negotiation or mediation, particularly if both parties are willing to cooperate. More complex disputes, however, may take longer, especially if litigation is required.
What is the role of an expert witness in litigation?
An expert witness provides specialised knowledge or opinions relevant to the case, such as accounting, valuation, or engineering expertise. Their testimony can help clarify complex issues for the court.
How can Cunningham Adam Lawyers assist with disputes?
Our team provides strategic advice and representation tailored to your unique circumstances. Whether resolving disputes through negotiation or advocating for you in court, we aim to achieve the best possible outcome efficiently and effectively.
How do I get started with your dispute resolution services?
Contact us to arrange a confidential consultation. We’ll review your case, discuss your options, and develop a strategy to resolve your dispute in the most effective way.