Dispute Resolution

June 18th, 2020

Disputes and conflict are an inevitable part of life. Conflict can occur out of a disagreement between two or more parties where they have their own vested interests. There are many types of conflicts:

  • Conflict between individuals (family, friends or acquaintances) such occurs when one feel threatened as to one’s value, or one has different opinion, or one feels being unfairly treated. These include conflicts between a husband and wife, business partners, shareholders in a company, landlord and tenant etc.
  • Conflict between members of a group, usually due to performing tasks without having the same goals, values, methods. These could include conflict between the owner’s corporation and its members, board members, in an employment situation.
  • Conflict between organisations, for example between a supplier and distributor of goods, developer and builder, restaurant business and lessor of equipment.

Disputes may lead to broken relationships, tarnished reputations, and leave both sides damaged. Dispute resolution refers to the process by which disputes are brought to an end.

The process to resolve dispute can occur through:

  1. Negotiation – both parties can negotiate to sort out the issues and resolve conflict
  2. Mediation – both parties can engage the services of an independent mediator to help work through impasse and find solutions
  3. Court – parties can see the court’s decision and order as to how a dispute is settled finally

The question we usually get asked is “What does a dispute resolution lawyer do and why are lawyers needed?” Litigation lawyers and dispute resolution lawyers work on the following to resolve disputes:

  • Understand the background circumstances
  • Advise their clients where they stand according to the law and what rights they have to pursue their desired results
  • Work out a strategy to negotiate
  • Attend to formal proceedings, draft necessary legal documents, and guide the client through the rigmarole of the dispute resolution process

What is the benefit of engaging a lawyer in situations of conflict? Gone are the days when people are able to settle problems with a handshake.  Nowadays, it is necessary and wise for the terms of settlement to be documented and executed by the parties.

Our Team at JK Lawyers are experienced with helping clients solve their disputes through the courts. Our preference is to aim for a settlement of the issues between the parties, before any court action commences, or if court action is already underway, then as efficiently and cost effectively as possible.

In dealing with disputes, our lawyers work with our clients’ best interests in mind, are committed to pursuing the most effective method of resolution, and to negotiating the best possible outcome.

Call us to discuss your dispute resolution needs on (03) 9562 2662.

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