Negotiated Disputes

Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. Limitation periods vary for different types of matters. You should seek advice as soon as possible.

It involves commencing proceedings in court to resolve a dispute. The first stage usually involves what is known as pleadings. Pleadings are a formal way to tell the court and the other party your story. The plaintiff will file at court a statement of claim and the defendant a defence. After that occurs, often a process known as discovery occurs. During this stage, each party must disclose to the other all documentation they have relevant to the matter. The parties are then usually directed to a court-based mediation. If the matter is still not resolved, it will proceed to a trial-based resolution.

If you have received court proceedings or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations. Time is of the essence because you usually only have a limited amount of time to respond. If you do not file a response in time, the other party may obtain judgment against you. Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for you.

For negotiations to be successful, it usually requires both parties to compromise from their best case scenario. The benefits of a negotiated resolution is that the dispute is finalised, you take the risk off the table of a worse result occurring, you will limit your legal fees and you will avoid the ongoing stress and uncertainty of litigation.

Litigation (going to court) may not be the best solution to a conflict. To avoid litigating a dispute, some of the alternative ways to resolve a dispute are mediation, negotiation and arbitration to find a constructive solution to resolving the dispute without having to go to court.

If successful you may be entitled to a remedy but this is up to the discretion of the court. A remedy may include damages in the form of a financial compensation; an injunction which is stopping a person from doing a specific thing or it may require them to do something.