Litigation and Dispute Resolution Q&A

Katherine Hawes added an answer to this question
Katherine Hawes

Katherine Hawes, Solicitor at

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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.

Steve Osborne added an answer to this question
Steve Osborne

Steve Osborne, director at Stephen Roger Osborne

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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!

Bridget Holland added an answer to this question
Bridget Holland

Bridget Holland, Director at

I assume you have had enough contact with them that there is no doubt this amount is neither overlooked nor disputed.  So it depends on the commercial value of the client to you:
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
Phil Khor

, Founder at

Awesome response, Bridget. I found it very methodical and useful for future reference. Thanks for sharing.