Dispute Resolution & Litigation

Navigating disputes and conflicts demands precision and expertise. While many differences find resolution through informal dialogue, certain situations require the adept guidance of legal professionals for dispute resolution or litigation. In this domain, Igor Kazagrandi stands as an exceptional authority. Dispute resolution encompasses diverse strategies for conflict resolution outside the courtroom, while litigation entails structured legal proceedings conducted within the judicial system. In New South Wales, these approaches are deftly employed, aiming to ensure disputes are resolved with efficiency and impartiality under Igor’s skilled leadership.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) methods are widely encouraged and often mandated before resorting to litigation. Popular ADR mechanisms include negotiation, mediation, and arbitration.

Negotiation involves direct communication between the parties in dispute, with the goal of reaching a mutually acceptable resolution. It is sometimes beneficial for both parties in a negotiation to be legally represented, especially when there is an inherent power imbalance between the parties. Lawyers can help their clients to understand the legal issues, provide advice and guidance, and keep them focused on the matters in dispute and the desired outcome.

Mediation, on the other hand, involves the assistance of a neutral third-party mediator who facilitates discussions and helps the parties reach a voluntary agreement. Mediation is particularly helpful in situations where the parties will benefit from preserving their relationship, such as when co-parents need to agree on a parenting plan, or businesses need to continue commercial relationships under ongoing contracts.

Arbitration is a more formal process, where an arbitrator, acting as a private judge, considers the evidence and arguments presented by the parties and makes a binding decision.

Courts actively promote ADR through various initiatives. For instance, the Supreme Court of NSW has a dedicated mediation program, offering litigants the opportunity to participate in court-annexed mediation to explore settlement options. Similarly, the Local Court of NSW provides a mediation service to help parties resolve their disputes before trial.

Litigation

When disputes cannot be resolved through ADR, or when urgent legal intervention is required, litigation becomes necessary. In New South Wales, the court hierarchy consists of several levels, including the Local Court, District Court, Supreme Court, and Court of Appeal. Each court has jurisdiction over specific types of cases based on their complexity and the amount of money involved.

Most civil litigation in New South Wales follows a structured process. The plaintiff initiates the proceedings by filing a statement of claim, outlining the facts and legal basis for their claim. The defendant then responds with a defence, presenting their version of events and any legal arguments they wish to raise. The court then sets a timetable for the exchange of evidence, including witness statements and expert reports.

Throughout the litigation process, parties have the opportunity to engage in settlement discussions and explore resolution options. In fact, the court encourages parties to consider alternative means of resolving their disputes, even after proceedings have commenced. If the parties come to an agreement during this time, terms of settlement can be prepared to make their arrangements legally binding, the court is advised of the agreement and the proceedings are discontinued. If a resolution cannot be reached, the matter proceeds to trial, where a judge or jury considers the evidence presented by both parties and makes a determination.

It is important to note that litigation can be a complex and time-consuming process. Both sides in a litigated dispute are likely to need legal representation to navigate the intricacies of the court system and the preparation of evidence, and to ensure their rights and interests are protected. Qualified lawyers with expertise in litigation provide guidance on the merits of the case, assist with the preparation of legal documents, advocate for their clients in court, and negotiate settlements when appropriate.

We have extensive experience in dispute resolution and litigation and have resolved a range of disputes for our clients in and out of the courtroom. We will assess your circumstances, explain your legal position, and provide considered advice and options to move forward. We offer mediation, conciliation, and arbitration services for a range of industries, and our clients include individuals and businesses both large and small. While we typically consider litigation as a last resort, we are skilled in the litigation process and will provide strong court advocacy on your behalf if this becomes necessary.

If you need assistance, contact [email protected] or call 02 9233 3050 for expert legal advice.