Commercial Disputes
Business owners and managers facing a legal dispute will need to consider options to resolve the matter. A commercial legal dispute can be stressful, regardless of whether you are bringing or defending a claim. You will want pragmatic advice to get to the core of the problem and resolve it with minimal financial and reputational loss to your organisation.
We are skilled negotiators, experienced in all areas of commercial disputes and litigation. We can help with:
- Contract disputes, breach of contract, termination
- Corporate advice and governance, directors’ conflict of interest
- Shareholder and partnership disputes
- Disputes concerning mergers and acquisitions
- Commercial and retail leasing disputes
- Debt recovery and insolvency matters including pre-insolvency advice
- Workplace and employment disputes, restraint of trade matters
- Australian Consumer Law claims, unfair contracts, misrepresentation
- Intellectual property disputes, copyright and trademark infringement
Alternative Dispute Resolution
When a commercial dispute arises, parties are usually encouraged to explore ways to resolve the matter without resorting to litigation. Alternative dispute resolution (ADR) refers to a range of processes used to settle a dispute outside the jurisdiction of a court. Processes typically include negotiation, mediation, and conciliation. ADR is less formal than court proceedings and can facilitate a cheaper faster resolution. It can also help preserve business relationships, which is beneficial when the parties will continue working together.
Typically, negotiation is the first step where parties attempt to settle their commercial dispute through discussions, either directly or through their legal representatives. The parties can present their positions, exchange information, and negotiate a resolution that meets their mutual interests.
Mediation is a more structured form of ADR involving the assistance of a neutral third party, the mediator. The mediator facilitates communication between the parties, helps identify the issues, and assists them in reaching an agreement which can be formalised in binding terms of settlement. While mediation may not result in a full settlement, it can often narrow down the legal issues in dispute and lead to more meaningful discussions moving forward.
Conciliation is a process in which the parties to a dispute try to reach an agreement with the help of an impartial person, referred to as a conciliator. The conciliator may suggest a proposal to resolve the dispute, although the parties are not obliged to adopt the proposal. The conciliator usually has experience of the matter being disputed and can guide parties on their respective rights and obligations.
Arbitration
More formal procedures like arbitration may also be used to resolve disputes. Arbitration resembles court processes in some ways but tends to be less formal and may have different rules. Arbitration requires the parties to agree to submit their dispute to an impartial arbitrator which can provide flexibility and privacy. The arbitrator acts as a private judge and renders a binding decision, known as an arbitral award.
Going to Court for your Commercial Dispute
In some cases, court proceedings may be the only way forward to resolve a commercial dispute. When a matter is litigated, the parties give their power to the court to determine the outcome of their case, which may be enforced through court orders, ensuring that the matter is fully resolved.
Litigation is complex and often involves an intersection of various legal issues and principles. There are usually two or more versions of events and different views on how the law should be interpreted. By the time a party instigates court proceedings, the relationship between opposing sides is already contentious.
With the propensity for litigation to become protracted and the potential risk of cost orders being made against an unsuccessful party, it is essential to obtain an objective assessment of the legal and practical merits of litigation from an experienced professional before taking this path.
With vast experience in negotiation, mediation, and litigation, we focus almost exclusively on resolving legal disputes. We will carefully review your matter and provide comprehensive advice so you can make an informed decision.
If you need assistance from an experienced results-driven professional, contact [email protected] or call 07 3040 5885.