Our litigation lawyers will give you practical advice to help you resolve your commercial dispute quickly.
Commercial litigation explained
Commercial disputes are not always able to be resolved by friendly discussions. These can include anything from a contractual issue with a supplier, a disagreement about trade practices with a former employee or an insolvency issue. Resolving issues like these can be drawn out and costly, but there are legal options that may help you get a fair outcome quicker.
Alternative dispute resolution
Alternative dispute resolution is less formal than going to court and is often less expensive and quicker. It’s also a good option if you’d prefer to keep the details of your dispute private. In some situations, the court may require you to try alternative dispute resolution before they will hear your case.
There are several types of alternative dispute resolution including mediation, conciliation or arbitration and all involve an independent person. In some forms of alternative dispute resolution, an independent person may try to help you negotiate a settlement, while in others they may make a decision about your issue that all the parties must follow.
Why MNG Lawyers
Whether you’re deciding how to deal with your commercial dispute or are preparing to go to court, our experienced litigation lawyers can help you plan how to resolve your dispute. There is often more than one strategy available to resolve an issue and we can explain your options and help you understand what may be best for you and your business.
Frequently Asked Questions
While most commercial disputes settle before trial, sometimes going to court is inevitable. Preparing for court often also involves negotiating with the other party and it may be possible to negotiate a settlement to resolve the dispute through this process. If you have a contract with the person you’re in dispute with, it may outline how you should try to resolve the dispute, including alternative dispute resolution options.
If you do have to go to court, our experienced litigation lawyers will make sure that you’re prepared and look at ways to reduce the cost and time to get a resolution.
The plaintiff (the person bringing the claim) first files a statement of claim. This outlines what their dispute is about. The defendant (the person responding to the claim) then provides a written response to the statement of claim. This forms the basis for the legal arguments.
The next stage is called discovery. This is where each party can ask questions and the other party must respond. Each party must also hand over relevant documents about the claim so that each party has the same information.
In some instances, you may not want to hand over certain documents or answer specific questions. A judge will need to decide whether that’s possible or they can compel you to do so.
When the case goes to court, our lawyers may bring in a barrister to represent you, but we will still be by your side.
Once the trial is finished the court will issue its decision. If you’re not happy with the outcome you may be able to appeal the decision to a higher court.