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Mastering Legal Resolution: Your Comprehensive Guide to Litigation and Dispute Resolution in Australia

Aylward Game Solicitors is your trusted Litigation and Dispute Resolution Group for managing Brisbane, Gold Coast, and Sunshine Coast litigation and resolving legal disputes.  In addition to their many years of expertise in litigation, mediation, and dispute resolution, the attorneys at Aylward Game Solicitors have been offering legal assistance to clients all over Brisbane, Gold […]

Mastering Legal Resolution: Your Comprehensive Guide to Litigation and Dispute Resolution in Australia

Mastering Legal Resolution: Your Comprehensive Guide to Litigation and Dispute Resolution in Australia

By Aylward Game - May 22, 2024 Dispute Resolution

Aylward Game Solicitors is your trusted Litigation and Dispute Resolution Group for managing Brisbane, Gold Coast, and Sunshine Coast litigation and resolving legal disputes. 

In addition to their many years of expertise in litigation, mediation, and dispute resolution, the attorneys at Aylward Game Solicitors have been offering legal assistance to clients all over Brisbane, Gold Coast, and Sunshine Coast for nearly eighty years. 

Five Things to Know About Litigation

  1. Litigation aims to get a tribunal or court to rule in favour of one party over the other. Even though most business disputes are settled without going to court, if your company finds itself in a legal scenario, working with an educated solicitor who knows the process is essential. In some cases, you might also need the help of a barrister, a lawyer who focuses on dispute resolution. You can ask your solicitor if it’s necessary to hire a barrister.
  2. A “statement of claim” or “initiating process” is a document that presents the case of the party (commonly referred to as the “plaintiff” or “applicant”) bringing the dispute before the court. This is how litigation starts. The other side will offer a “defence” (also known as the “respondent” or “defendant”).
  3. Parties to litigation frequently go to mediation before a court hears their dispute. Settlement mediation must pay more attention to a more costly and lengthy court process.
  4. Keep in mind that litigation aims to obtain the best results possible while considering the benefits of your case and the associated costs. Work together with a practical attorney who is mindful of these facts.
  5. Negotiation, alternative dispute resolution, external dispute resolution, and within dispute resolution are more possibilities for fixing a business dispute instead of litigation.

Our Services for Litigation, Mediation, and Dispute Resolution

We supply litigation and dispute resolution services in various areas and have extensive expertise in fixing legal disputes. Our services include:

  • Business Conflicts: Use our specialised solutions to protect the interests of your business.
  • Complex Commercial Litigation: We skillfully deal with complex commercial conflicts.
  • Regulatory and Corporate Litigation: Secure your company’s interests and comply.
  • Debt recovery (QCAT): Use our expertise in law to quickly collect overdue debts.
  • You can find mutually beneficial solutions that meet your requirements via alternative dispute resolution and mediation.
  • Property Disputes: resolve issues with buildings, trees, fences, and other property types.
  • Tenant or landlord, protect your rights in leasing disputes.
  • Wills and Estate Litigation: preserve your family’s future prosperity with trustworthy legal counsel.
  • Resumptions & Acquisitions: Are you concerned that a government agency or council could purchase your land or assets?
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Personalised Strategies for Litigation, Dispute Settlement, and Mediation

Our mission at Aylward Game Solicitors is to provide strategic and practical alternatives tailored to your unique legal requirements. Our lawyers adapt to fixing disputes using various strategies, such as mediation, negotiation, and alternative dispute resolution procedures.

The Positive Consequences of Resolving Disputes

Low-cost dispute resolution strategies like mediation may save time and cash by minimising the complexities of court proceedings. Because they can impact both the course of the dispute and its resolution, these methods often give both sides more control over a disagreement.

Most crucially, conflicts happen in a discreet and informal setting under the guidance of a third party, like a mediator, to conclude that they fulfil all of the requirements.

A Lawyer Focusing on Dispute Resolution

A lawyer focusing on dispute resolution examines a case’s specifics and presents various options to the parties. They collaborate with clients to determine their top concerns and the ultimate goals of the dispute resolution process before determining the best course of action.

A lawyer specialising in dispute resolution must recognise and manage the risks involved in litigation as they work towards a quick and economical settlement of the matter. They will solve the issue peacefully by interacting with the other party or individuals on your behalf. To protect the interests of their customers, dispute resolution lawyers will attempt to settle cases as soon as possible.

Lawyers who focus on informal dispute resolution have the skills and knowledge to support you through the process and provide helpful advice.

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Why is This Service Necessary for You?

Litigation is the formal procedure for resolving disputes in court. It involves taking a disagreement to court, usually when there isn’t a clear alternative. 

Even though there are other options for solving a dispute besides litigation, such as mediation, arbitration, or simple negotiation, there are circumstances when going straight to court is the most appropriate course of action.

A lawsuit based on a disagreement over an agreement or states of harm from your actions or failure to fulfil promises might have you as the defendant.

Another option is to file a lawsuit to recover harm you’ve suffered from other people’s acts or their failure to fulfil obligations or to get back the money owed to you due to an agreement breach. If there were litigation, you would be the plaintiff in this case.

If someone is selling a product that is the same as yours or violates your brand, you may want to discontinue their business. In this case, you would file a copyright or licence term infringement claim. In addition, stop a building that might diminish your land from being constructed.

The possible outcomes for litigation disputes are limitless; however, your lawyer must settle them expertly and organised.

Why Should You Hire Aylward Game Solicitors to Handle Your Legal Dispute Representation?

We aim to meet your specific legal needs with advantageous and practical options. Listed below are some benefits to choosing Aylward Game Solicitors for your legal dispute:

  • Local Expertise: Our deep knowledge of Brisbane’s legal system.
  • Proven Success: A track record of cases resolved successfully is proof of success.
  • Collaborative Approach: We work closely with you to get the best outcomes.
  • Diverse Techniques: To make the best decision, various strategies, such as mediation, negotiation, and more, are used.

Connect with Aylward Game Solicitors right now, and let us help you manage the complex litigation and conflict settlement processes. We are a Brisbane-based company that serves clients and businesses throughout Brisbane, the Gold Coast, and the Sunshine Coast. We cordially invite you to speak with our proficient litigation department about your situation.

Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
AGS

FAQs

What Sets Dispute Resolution Apart from Litigation?

Taking a disagreement to trial and having a judge or jury decide occurs as litigation. Part of dispute settlement is alternative dispute resolution processes like arbitration and mediation, which work to resolve conflicts out of court. 

What is the Typical Duration of Litigation in Australia?

The litigation’s length can vary greatly depending on how complicated the case is. The size of time may vary from several months to many years.

Is ADR Enforceable by law?

The ruling tends to be enforceable in arbitration. While the parties may accept binding agreements from mediation and conciliation, the results of negotiations are generally only enforceable if they are written in a contract.

Can I Represent Myself in Litigation?

Yes, you can represent yourself in court. Still, given the complex nature of the legal system and the value of strong legal arguments, it is usually wise to have legal counsel.

What are The ADR-Related Costs?

Although ADR is usually less expensive than litigation, costs may still apply for any legal advice you seek during the process and fees for mediators and arbitrators.

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