Litigation and Dispute Resolution Q&A
What’s the dispute resolution process?
What's involved in a dispute resolution process, what do you need and how long would it take?
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How much does it cost to hire a litigation lawyer for a mediation?
Instead of going to court, what is the cost to do mediation or an alternative dispute resolution by hiring a lawyer?
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Preparing for a mediation requires almost as much work as a hearing, however what I point out is the great advantage with mediation is that you still have control over the outcome, whereas in court it is completely up to the Judge. Mediation generally are for a day and it depends on the complexity of the dispute. I have undertaken a complex commercial mediation with a private mediator and it cost $30,000 but it settled on the day and if it had of continued to a hearing it would have cost around $150k.
What do you do when you get into a dispute?
I am interested to hear from small business owners what they do when they get into a dispute - this could be from anything from an issue with a supplier or customer or employee to internal disputes...
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I guess it depends on the situation and context Nicole, but if it's an internal matter of opinion rather than fact, as the business owner yours is the final word.
If a dispute with an external entity, I would seek an independent ruling – arbitration – rather than lawyer as first port of call. Sometimes a fresh set of eyes can diffuse a situation and provide perspective.
If however, the dispute is over money owed, get the legal attack dogs onto it pronto!
How do you handle small bad debts in your business?
What do you do with a client who after 90 days still hasn't settled a $209 invoice they keep saying they will?
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1. This is the only invoice. Send a letter advising legal action if not paid within 7 days. They will either pay or not. ... Continue Reading
