If you find yourself involved in a dispute, our experienced team can help you to understand your rights and assist you to settle the dispute in a fair and reasonable manner.
Litigation is the process by which a person who feels they have been wronged by another person can bring a matter before a court for the purpose of dispute resolution. Litigation or suing is used to protect one person’s legal interests against another.
Litigation causes of action can include:
- Breach of contract
- Personal injury
- Recovery of debts
Other Areas of Dispute Resolution
Depending on the matter, there are different processes that occur in litigation which range from negotiation right up to trial. Litigation generally ends when the matter has been negotiated and settled or when the case is heard before the court and a final judgement is made.
Not every dispute ends up in court. Taking a matter to court can be highly stressful and costly. Our lawyers are experienced in looking at alternative techniques such as negotiation, arbitration and mediation to resolve conflicts. We always attempt to negotiate with the other party to reach a settlement beforehand and will only commence court proceedings when the other alternatives have been explored.
We have a team of experienced litigation lawyers with extensive experience to take your matter through the court process if required. Where there is a failure to reach a settlement then court action may be the only solution.
If you have received a summons letter or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations.
Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for our clients. Talk to us to find out how we can help.
Generally where parties are in a dispute they should attempt negotiation first with the other parties in the hope to reach a settlement prior to court proceedings being commenced.
If this fails then court proceedings can be initiated. The court then has its own process which involves stages of defining the dispute, disclosure of evidence and mediation in order to try to reach a settlement before trial.
If there is still no settlement the matter will go before the court for determination. The court process can often be lengthy and costly.
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.
This limitation period varies depending on the cause of action, with a general rule that proceedings cannot commence after six years. In cases of defamation there is a limitation period of only one year from the date of publication.
Some employment law matters only have 14 days to commence litigation. Our team has broad litigation experience. If you want to know where you stand in a matter and get the best solution for you, talk to the team today.
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, e.g. re-employ you.
If unsuccessful you may be required to pay the other party’s court costs and legal fees.
Litigation may not be the best solution to a conflict.
One of the most common approaches is using mediation, negotiation and arbitration to find a constructive solution to resolving the dispute without having to go to court.
Known as alternative dispute resolution techniques, there are a number of advantages to using this form of resolution. It has become a powerful tool in resolving conflicts quickly and fairly compared to an often lengthy court appearance. It is the preferred method of resolution for Lynn & Brown. It can often save you time and money but also remove the stress associated with having to enter court proceedings.
If you are involved in a dispute, talk to the team at Lynn & Brown Lawyers about the solution that is best for you.
How We Can Help You
- Explain the full legal process of dispute resolution to you in easy to understand terms
- Discuss your options to resolve a potential dispute in or out of Court
- Offer you the appropriate advice as to your rights
- Endeavour to achieve the best outcome for you