Commercial Litigation Lawyers
Litigation can drain a business of its time and financial resources. It is a distraction from day to day operations. While we always encourage clients to consider resolving disputes by agreement, we appreciate that not all disputes are capable of being resolved.
Our team of experienced litigation lawyers have run many successful matters in all New South Wales courts - from the Local Court up to the Court of Appeal - as well as matters in the Federal Court of Australia and the Federal Circuit Court. We understand the litigation process and the challenges that it presents to a business.
So what are the options to attempt to resolve a dispute once it goes beyond internal management of the issue? The three basic options are :
The goal of mediation is for a neutral third party to help disputants come to consensus on their own.
Rather than imposing a solution, a mediator (preferably a professionally qualified one) works with the conflicting sides to explore the issues and interests underlying their positions.
Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances.
Working with parties together and sometimes separately, mediators try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding.
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute.
The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present and which standards of evidence will be used.
Arbitrators hand down decisions that are usually confidential and that cannot be appealed.
Like mediation, arbitration tends to be much less expensive than litigation.
The most familiar type of dispute resolution, is litigation which typically involves a defendant against a plaintiff before either a judge or a judge and jury.
The judge and/or the jury is responsible for weighing the evidence and making a ruling. Information conveyed in hearings and trials usually enters the public record.
Due to its technical and complex nature parties often require Lawyers to run the litigation for them.
A very high proportion of litigated matters settle due to the high costs, together with the time and effort litigation takes to be completed and the uncertainty of the outcome.
We have years of experience in helping businesses avoid, manage, and negotiate their way through disputes and if necessary litigating them. We specialise in providing clarity and confidence to business operators. If you have a dispute or a negotiation you need assistance with contact us and benefit from our knowledge and experience.
We suggest to all clients that they carefully consider trying to resolve their dispute through settlement as litigation can be time consuming and costly. We suggest that this is explored prior to commencing proceedings. Even if proceedings are commenced, parties in dispute can still attempt to settle the matter at any time. Settlement through conciliation, mediation and/or negotiation through experienced commercial litigation lawyers is a desirable alternative to litigation.
We aim to provide practical, solution focused advice so that disputes can be resolved as efficiently as possible and allow you to get on with the business of running your business.
We can assist you with litigation involving:
- Bankruptcy and insolvency
- Building and construction disputes
- Contractual disputes
- Corporations law and disputes
- Debt recovery
- Employment law
- Intellectual property
- Property disputes
- Shareholder disputes
- Work, health and safety