Rowe Bristol Lawyers recommends that, prior to commencing litigation, clients first attempt to resolve disputes without recourse to legal proceedings where possible. This will often result in a quicker and more cost effective outcome. That being said, clients are well served by receiving legal advice before and during such negotiations so as to reach the best outcome that informs them of:
- the strengths and weaknesses of their claims and any potential counterclaims of the other party;
- quantification of their claims and any potential counterclaims of the other party;
- prospects of success of each party if legal proceedings are commenced; and
- estimates of legal costs and time to determination, if legal proceedings are commenced.
It is important to remember that the parties are able to reach a settlement between themselves at any stage of the dispute resolution process (prior to determination by a judicial officer) and are not necessarily committed to proceed to trial once legal proceedings are commenced. However, discontinuing proceedings may have adverse costs ramifications for a party who has not negotiated a settlement that includes costs incurred in the proceedings.
If the parties are unable to resolve their dispute informally, Rowe Bristol Lawyers has extensive experience in providing legal advice and services relating to dispute resolution, including:
- alternative dispute resolution processes that may minimise the costs of the dispute and/or provide a speedier resolution, such as contractual dispute resolution processes, adjudications under the Construction Contracts Act 2004 (WA) or complaints to the Financial Ombudsman Service;
- litigations in all State and Federal courts except the Family Court of Western Australia;
- complaints lodged in various State and Federal Tribunals, such as the State Administrative Tribunal and the Administrative Appeals Tribunal;
- negotiation of settlements of proceedings before or after commencement of litigation in any jurisdiction;
- drafting binding deeds of settlement and deeds of confidentiality to ensure that the clients’ rights are protected upon full and final settlement of disputes.
If you require legal advice in relation to dispute resolution processes, please do not hesitate to contact us to arrange a meeting so that we may consider your specific circumstances.
The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.