Litigation can be generally summarised into four stages, namely Negotiation, Alternative Dispute Resolution (“ADR”), Court Proceeding and Settlement. Yet, in practice, these stages intermingle. For example, negotiation between parties can take place during the court proceeding.
At Spectre Linkers, our commercial litigation solicitors believe in resolving matters through negotiation before resorting to litigation. Negotiation involves seeking a common goal and reaching a resolution. Negotiation generally does not involve third parties, allowing for the confidentiality of your matter to be preserved. Although compromises are often made, negotiation is the least costly way to settle your dispute, and it happens throughout the whole dispute resolution system. Prior to escalating your dispute to another level, you should attempt to negotiate to settle your dispute.
Some dispute involves an ADR mechanism. ADR generally involves arbitration and mediation. Many contracts involve a dispute resolution clause that specifies how the dispute should be resolved, particularly for an industry that requires specific knowledge. For example, it is common practice for a construction agreement to include a dispute resolution mechanism, which usually is an arbitration. ADR is generally confidential and less expensive, but it still involves complicated procedures.
Court proceedings are the last resort. As a party in a court proceeding, you must comply with the detailed requirements and court procedures. You will also need to prepare and select the best submissions to support your case, which our commercial litigation law firm can assist with. Any manoeuvre of yours in a court proceeding will affect the outcome. It is not the most desirable venue to resolve a dispute, but its resolution will be final and most effective.
Once a dispute is resolved in any of the above stages, settlement of the dispute can still be technical. Monetary settlement generally involves a trust account. Various disbursements that were required in the above proceedings, such as expert witness fees, will also need to be finalised. Attention will also be needed to ensure the enforcement of the resolution.
Consequently, if you are entangled in a dispute or even litigation, you will need a professional commercial litigation lawyer to manage and administer your dispute. A competent commercial litigation lawyer or civil litigation lawyer will not only use their professional knowledge to assist you to achieve the best outcome of your case, but will also minimise the cost and time of your claim. A competent lawyer will also assist you to resolve your dispute by contriving alternatives to reach the common goals between parties.
Spectre Linkers will act as your trusted legal representative, assisting you in reaching the best resolution of your matter. Spectre Linkers has resolve litigation lawyers in various areas of law and industries. Our commercial litigation lawyers in Melbourne and Sydney are experienced in their fields and understand your concerns across varying industries. We do not simply provide advice for resolving your mater – our litigation lawyers aim to provide advice that’s comprehensive and will assist you to perform better in your industry.
We are not a typical commercial litigation law firm. We are good at contriving alternatives to help you reach the resolution of your matter, and we do not simply focus on the monetary outcome. Our professional service will be tailored to focus on the actual needs of your business. Your matter will not only have a better possibility to be resolved in a more expedient way, but also in a less costly way.
Particularly, when dealing with litigation, every maneuver matters and can affect the outcome of your matter. Our commercial litigation lawyers will make every effort to ensure your matter is managed with close attention.
We have successfully conducted the following litigations for our client: