Dispute Resolution & Litigation Lawyers Sydney

The law functions to resolve disputes by establishing rules so people can manage different types of matters privately. However, there are times when people do not voluntarily comply with these rules or have different ideas on how they should be interpreted. Finding yourself in a legal dispute can be stressful. Disputes take up precious time and resources and can have a very negative impact on the financial wellbeing of an individual or business.

If you find yourself in the middle of a dispute, it is important to understand your legal position and the options to deal with it so you can move towards a resolution. Getting advice from an experienced dispute resolution and litigation lawyer early can save you time and money. Our litigation lawyers in Sydney are skilled negotiators and advocates with expertise in a range of alternative dispute resolution processes and litigation. Our Sydney dispute resolution and litigation lawyers aim to achieve a fair and workable solution to your dispute, while keeping you out of the courtroom wherever possible.

What is Alternative Dispute Resolution?

Alternative dispute resolution (ADR) refers to the various processes that may be used to resolve a dispute without going to court, for example, negotiation, informal settlement conferences, mediation, and conciliation.

The ADR process uses an independent third person to help people resolve their dispute. It is not a judicial finding that might be determined by a court or tribunal.

The independent will assist the parties to identify the issues in dispute, provide options, alternatives, and try to reach an agreement about the some or the whole dispute.

ADR is now mandatory in many areas of the law such as Family Law and can provide a less formal and cost-effective way to resolve a dispute before the need to prepare for formal proceedings and arrange specialist evidence. However, there may be instances, such as in a Family Law dispute, where there is domestic or family violence, or abuse where the is no mandatory requirement to engage in mediation or the ADR process.

If you need an experienced dispute resolution and litigation lawyer in Sydney that is also affordable, contact Richard without delay. Our litigation solicitors are available to assist clients across the Sydney CBD, Metropolitan areas, and Regional New South Wales

Benefits of Alternative Dispute Resolution

Choosing the most appropriate process to manage your dispute may be the difference between resolving your matter at an early stage or ending up in protracted and expensive litigation.

In addition to the potential cost savings, processes such as informal settlement conferences and mediations may offer a range of benefits over court proceedings. For example:

The location, date and time for the mediation or settlement conference can be determined and agreed between the parties, as opposed to having to follow strict court timetables and waiting for a final hearing.
The setting for a mediation or settlement conference is less formal than a court hearing, with a lower threshold for evidentiary formalities.
The parties can explore more creative solutions to resolve their dispute which might not be available through court orders.
The parties may have an opportunity to preserve their relationship, which can be beneficial if they intend, or are required, to continue working together.
While ADR may not fully resolve the dispute, it can at least assist in narrowing down the areas of dispute so a more focused approach can be taken moving forward.
Saves time and costs, and legal fees by allowing resolution in weeks or months compared to court proceedings which may take years.
Allows for focus on the interests of the parties rather than the taking of a position just focusing on legal rights and obligations.
Disputes are kept private and only the parties involved are invited to attend, unlike a court where proceedings are usually on the public record.
May lead to more a more flexible remedy than a court.
The ADR process gives more people access to justice at less expense, and as a result parties often report a higher degree of satisfaction and relief with the ADR process.
ADR gives parties motivation to resolve their dispute as there is a light at the end of the tunnel versus the uncertainty of a pending court date sometime in the future.

If your legal dispute is resolved using an ADR process, the agreement can be formalised in binding terms of settlement and a deed of release to protect the parties and release them from further liability.

Going to Court – Litigation

However, ADR may not be suitable for every dispute, such as above, where there is family violence or abuse involved or if it is more appropriate to have a court determine the rights of the parties to defend a position or set a precedent.

Litigation is the commencement of legal proceedings in a relevant court or tribunal with jurisdiction to hear and determine a disputed matter. Throughout Australia and New South Wales, there are different processes, procedures, and forms to complete, depending on which court your matter is to be heard in. If the matter proceeds to a final hearing, the parties give over their power to the court to decide the outcome of their dispute which can be enforced through court orders.

Legal action must be commenced within a prescribed time, otherwise the claim will become statute barred or you may need leave from the court to commence the proceedings.

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 a deed of settlement and consent orders to dispose of the proceedings in court.

Contact our Litigation Lawyers in Sydney

Call Richard McDonald of McDonald Law on 02 8824 4736 or email us for an appointment at [email protected]. Our dispute resolution and litigation lawyers in Sydney be able to assist you, provide honest feedback, and give you practical options to plan, prepare and resolve your case.