Commercial disputes are common. A commercial dispute can drain resources and disrupt the operations of a business entity. If your business is involved in a commercial dispute, seeking competent legal advice can help you understand your legal position and work towards a solution that is cost-effective and commercially focused. We are experienced practitioners and can provide representation and advocacy for a range of legal disputes and litigated matters, including:
- Insurance litigation
- Contractual disputes/breach of contract
- Intellectual property disputes
- Property and leasing disputes
- Construction disputes
- Debt recovery
Alternative Dispute Resolution
When a commercial dispute arises, parties are encouraged to explore alternative dispute resolution (ADR) before resorting to litigation. ADR methods include negotiation, mediation, and conciliation. These processes aim to facilitate a mutually satisfactory resolution without the need for a formal court proceeding. This can save time and costs and help to preserve business relationships.
Negotiation is typically the first step in dispute resolution, where parties attempt to reach a settlement through direct discussions. This informal process allows parties to present their positions, exchange information, and negotiate a resolution that meets their interests.
Mediation is a more structured form of ADR, involving the assistance of a neutral third party, the mediator. The mediator facilitates communication between the parties, helps identify issues, and assists in reaching a voluntary agreement.
Mediation is non-binding, meaning that the parties are not required to reach a settlement, but it often leads to successful resolutions. Mediation can also help narrow down the disputed issues which can lead to more focused efforts in resolving the matter.
What is Arbitration?
Arbitration is another more formal type of ADR where the parties agree to submit their dispute to an impartial arbitrator. The arbitrator acts as a private judge and renders a binding decision, known as an arbitral award. Arbitration proceedings are generally less formal than court proceedings, providing parties with flexibility and privacy.
What is Litigation?
If the parties are unable to resolve their dispute through ADR, they may resort to litigation which involves the commencement of legal proceedings to have the matter decided by a court.
Commercial litigation in NSW generally takes place in the District Court, Supreme Court, or Federal Court, depending on the nature and complexity of the dispute. The court process involves pleadings, discovery, exchange of evidence, witness statements, and hearings, ultimately leading to a judgment or decision by the court.
What is the Court Process?
The party commencing legal proceedings is known as the plaintiff and the party against whom the proceedings are commenced is the defendant. When court action is taken, the plaintiff will generally be seeking a ‘remedy’ which, if the plaintiff is successful, may be enforced by the court.
A remedy may comprise monetary compensation for damages or loss suffered, an injunction which prevents a party from doing something, an award requiring the unsuccessful party to pay the other’s legal costs or a combination of these. Other equitable/discretionary orders may be made such as for specific performance which is an order for a party to carry out its obligations under a contract.
Once court proceedings commence, the parties must comply with the relevant practice directions and attend court-ordered conferences such as status conferences, directions hearings, and pre-trial conferences.
How can we Help with your Commercial Dispute?
If you are involved in a legal dispute or court proceedings, it is important to understand the relevant processes, the range of remedies that a court may award if litigated, the likelihood of winning the case or successfully defending a matter, and the relevant cost implications.
Typically, we will first attempt to resolve your dispute through negotiation or another ADR process. If this is not successful, we may prepare a case for litigation if it is feasible to do so. This will involve a comprehensive review of the facts and the evidence and a reasonable assessment of the possible outcomes so you can make an informed decision on whether to choose this path.
If you need assistance, contact one of our lawyers at [email protected] or call 02 9159 9084.
Commercial disputes are common. A commercial dispute can drain resources and disrupt the operations of a business entity. If your business is involved in a commercial dispute, seeking competent legal advice can help you understand your legal position and work towards a solution that is cost-effective and commercially focused. We are experienced practitioners and can provide representation and advocacy for a range of legal disputes and litigated matters, including:
- Insurance litigation
- Contractual disputes/breach of contract
- Intellectual property disputes
- Property and leasing disputes
- Construction disputes
- Debt recovery
Alternative Dispute Resolution
When a commercial dispute arises, parties are encouraged to explore alternative dispute resolution (ADR) before resorting to litigation. ADR methods include negotiation, mediation, and conciliation. These processes aim to facilitate a mutually satisfactory resolution without the need for a formal court proceeding. This can save time and costs and help to preserve business relationships.
Negotiation is typically the first step in dispute resolution, where parties attempt to reach a settlement through direct discussions. This informal process allows parties to present their positions, exchange information, and negotiate a resolution that meets their interests.
Mediation is a more structured form of ADR, involving the assistance of a neutral third party, the mediator. The mediator facilitates communication between the parties, helps identify issues, and assists in reaching a voluntary agreement.
Mediation is non-binding, meaning that the parties are not required to reach a settlement, but it often leads to successful resolutions. Mediation can also help narrow down the disputed issues which can lead to more focused efforts in resolving the matter.
What is Arbitration?
Arbitration is another more formal type of ADR where the parties agree to submit their dispute to an impartial arbitrator. The arbitrator acts as a private judge and renders a binding decision, known as an arbitral award. Arbitration proceedings are generally less formal than court proceedings, providing parties with flexibility and privacy.
What is Litigation?
If the parties are unable to resolve their dispute through ADR, they may resort to litigation which involves the commencement of legal proceedings to have the matter decided by a court.
Commercial litigation in NSW generally takes place in the District Court, Supreme Court, or Federal Court, depending on the nature and complexity of the dispute. The court process involves pleadings, discovery, exchange of evidence, witness statements, and hearings, ultimately leading to a judgment or decision by the court.
What is the Court Process?
The party commencing legal proceedings is known as the plaintiff and the party against whom the proceedings are commenced is the defendant. When court action is taken, the plaintiff will generally be seeking a ‘remedy’ which, if the plaintiff is successful, may be enforced by the court.
A remedy may comprise monetary compensation for damages or loss suffered, an injunction which prevents a party from doing something, an award requiring the unsuccessful party to pay the other’s legal costs or a combination of these. Other equitable/discretionary orders may be made such as for specific performance which is an order for a party to carry out its obligations under a contract.
Once court proceedings commence, the parties must comply with the relevant practice directions and attend court-ordered conferences such as status conferences, directions hearings, and pre-trial conferences.
How can we Help with your Commercial Dispute?
If you are involved in a legal dispute or court proceedings, it is important to understand the relevant processes, the range of remedies that a court may award if litigated, the likelihood of winning the case or successfully defending a matter, and the relevant cost implications.
Typically, we will first attempt to resolve your dispute through negotiation or another ADR process. If this is not successful, we may prepare a case for litigation if it is feasible to do so. This will involve a comprehensive review of the facts and the evidence and a reasonable assessment of the possible outcomes so you can make an informed decision on whether to choose this path.
If you need assistance, contact one of our lawyers at [email protected] or call 02 9159 9084.
