Litigation and Dispute Resolution
Commercial litigation is complex which is why you need experience on your side.
If you are looking for a Melbourne based litigation lawyer or dispute resolution lawyer we can help you. Our litigation lawyers are experts in litigation and dispute resolution.
Our strategy in all litigation is to find the quickest solution to your problem. By doing this the dispute resolution process will be cheaper and cost effective. We always attempt to resolve disputes before court proceedings are issued. This reduces cost, time, inconvenience and the distress often associated with litigation.
Each case is unique and has to be assessed and handled on its own facts. We do this by implementing strategies learnt over years of handling commercial disputes. Our aim is to recognise your desired outcomes but at the same time factoring the merits of a dispute and the commercial realities. This can only be done by understanding the strengths and weaknesses of both sides’ arguments and being honest with our clients on the chances of success. Whether that is defending a commercial dispute or commencing one.
Where litigation through the courts becomes inevitable we will give you clear advice based on the information we have on the merits of your case, the likely time it will take and an estimate of the cost.
Through the court process there will be a court ordered mediation this gives the parties an opportunity to meet in a structured process with an independent mediator who will assist the parties to reach a resolution. Many commercial disputes are resolved during the mediation process. There are other mechanisms to resolve a dispute such as what are known as “calderbank offers” and “offers of compromise” these if used carefully can also increase the chances of a dispute being resolved cost effectively.
Typical steps in a court case
A brief summary of the typical steps in a court case are:
- The plaintiff files and serves a statement of claim and the defendant files and serves a defence. There are set time frames in which a defence must be filed and it varies depending on the court.
- After the defence is filed the parties must then do what is called discovery. This a process where each party must list and make available all documents, emails, letters etc that they have which are relevant to the dispute. This can be a complex process and often the most time consuming stage in a dispute.
- After discovery is completed, generally at this point there will be a court ordered mediation.
- If the dispute cannot be resolved at mediation a date will be set for it to go to trial.
If you have a commercial dispute and need a litigation lawyer we have the experience and knowledge to help you achieve the best possible outcome.