Dispute Resolution
We are experienced in resolving disputes. Contact one of our dispute resolution lawyers for a consultation.
Disputes can occur in a variety of ways and our dispute resolution lawyers are experienced in resolving various types of disputes, including:
Shareholder disputes
Regardless of the type of dispute, what matters is getting the dispute resolved with the least amount of disruption and cost to those involved. The first step in resolving a dispute is for a thorough review of the relevant documentation which evidences and forms the basis of the dispute. If the dispute is based upon a contract which has been properly drafted in writing, this step is usually easy overcome. However, there can be instances where agreements are made verbally. This can cause issues as one party’s recollection of an agreement may differ from the other.
Assuming there is sufficient evidence of each party’s obligations, the next step is usually to draft a letter to the other party outlining your position and proposing a resolution. This letter will outline the background to the matter, an explanation of the obligations which form the basis of the dispute, when or how a breach occurred and a demand or proposition. If you have received such a letter, sometimes referred to as a letter of demand, it is crucial that you speak with a lawyer to obtain legal advice as soon as possible as a failure to respond can have serious consequences.
Frequently, it is after such a letter has been sent (or received, as the case may be) that the parties begin to negotiate. Quite often one party will have their reasons for acting as they did. Depending on the specific circumstances of the matter, negotiations can drag out for some time. In any event, it is advisable that advice be sought from a lawyer so that you understand the strengths and weaknesses of your case. If parties cannot agree on terms to resolve their dispute through correspondence, quite often the parties will meet for an informal settlement conference or mediation.
An informal settlement conference is a cost-effective dispute resolution strategy where the parties meet without an independent third party mediator present. Usually, informal settlement conferences are held in the offices of one party’s solicitor. The parties are placed in separate rooms and the solicitors act an conduits or messengers between them. This is done in order to ensure that the relationship between the parties does not become unnecessarily heated or inflamed.
A mediation is where the parties meet with the aid of a mediator. It is usually a less cost-effective strategy compared with an informal settlement conference as there are additional costs for a mediator and mediation rooms. A mediator is usually an independent third-party who is well-versed in dispute resolution best practice. A mediator can assist the parties to talk through their positions and their differences in a non-confrontational way.
If the parties are genuinely willing to compromise, often a commercially sensible outcome can be reached which will be satisfactory for all involved. Successful negotiations will usually result in the parties signing a Deed of Settlement which will stipulate the terms of the agreement that was reached. In such circumstances, there is no need to proceed down the route of litigation through the court system. Such an outcome is almost always preferred as it provides a certain outcome and will usually save you considerably on legal fees.
In the event the parties cannot negotiate a mutually satisfactory resolution to the matter, one party may resort to commencing court proceedings. Whilst this is usually a means of last resort, one party may feel they are in a strong position to obtain a more favourable amount in court than what is being offered to them. Should you wish to commence court proceedings or have been served with a Statement of Claim, it is crucial that you obtain legal advice from a lawyer experienced in dispute resolution as soon as possible.
Dispute resolution requires a lawyer familiar with the relevant legislation and the common law. Our lawyers have acted for many clients involved in disputes and have the experience and drive to help you resolve your matter. Contact the team at Pagin + Mak Lawyers for a free initial phone consultation. We are more than happy to discuss any questions you may have and explain the process in greater detail.
Disclaimer:
The information above is intended as general information only and should not be relied on. You should discuss your individual situation with a lawyer.
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