02 9466 5189
02 9466 5189

Dispute Resolution & Litigation

Legal disputes can have far-reaching implications, both personally and commercially. Whether the conflict involves individuals, businesses, government bodies, or a combination of these, the financial strain and emotional toll can be overwhelming.

At RJI Legal, our experienced lawyers are equipped to handle a wide range of disputes. We represent clients in negotiations, mediations, and settlement conferences, and, if required, in litigation. Our approach is always client-focused: we strive to resolve matters efficiently and cost-effectively, keeping you out of the courtroom whenever possible. With tailored legal advice, we work towards achieving a pragmatic solution that serves your best interests.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) refers to processes used to resolve disputes without going to court. ADR can start informally, such as discussing an issue with a neighbour about an overhanging tree. If a conversation doesn’t resolve the matter, the next step may involve sending a letter outlining your concerns or having a solicitor draft a letter requesting a specific outcome. From there, the parties may engage in further negotiations, informal settlement conferences, or mediation, where a neutral third party encourages both sides to reach a resolution.

ADR also includes more formal processes, such as arbitration, which resembles court proceedings but tends to be less formal with different rules.

In some cases, contracts may require you to engage in ADR, such as mediation, before pursuing court proceedings. Similarly, courts often direct parties involved in litigation to attend mediation in an effort to resolve the dispute before it reaches a final hearing.

Whether ADR is suitable depends on the circumstances and the nature of the dispute. However, ADR processes, such as mediation, typically offer several benefits:

  • Quicker resolution: Courts often have long waiting lists, and ADR can help avoid the delays associated with various pre-court processes such as directions hearings and status conferences.
  • Flexible solutions: ADR offers more creative and flexible outcomes compared to the rigid solutions that courts may impose.
  • Less formality: ADR processes tend to be less formal, with lower evidentiary thresholds required compared to court proceedings.
  • Preserving relationships: ADR can help maintain relationships, which is especially beneficial for parties who need to continue communicating, such as in co-parenting or ongoing commercial arrangements.

What is Litigation?

Litigation refers to the process of commencing legal proceedings to resolve a dispute with the assistance of a court. The nature and value of legal disputes can vary significantly, and different courts or tribunals have been established to address specific types of disputes and monetary claims.

Legal action must be initiated within a prescribed time frame, otherwise, the claim may become statute-barred. The cause of action must involve the breach of a specific law or laws and be supported by sufficient evidence.

Once a case is filed in court, the parties must adhere to court procedures, including the filing and service of documents, participation in dispute resolution (where relevant), submission of evidence, and attendance at directions hearings, status conferences, and pre-trial hearings.

Parties may settle a litigated dispute at any stage before reaching a final court hearing. In such cases, they must enter into a deed of settlement and consent orders outlining the terms of the agreement and ensuring the proceedings are formally concluded in court. This is crucial to protect each party from future claims and to finalise the matter legally.

Despite your best efforts, there may be times when going to court is necessary to enforce your legal rights. Whether you are bringing or defending proceedings, litigation can be a stressful experience. Our experienced lawyers are here to assist by explaining your legal position, outlining the available options, drafting your claim or defence, gathering and preparing evidence, and advocating on your behalf.

For expert legal advice, contact us at reception@rjilegal.com.au or call 02 9466 5189.