Litigation and Dispute Resolution

5.31K FOLLOWERS

Most popular solutions in the community
Litigation and Dispute Resolution
Katherine Hawes added an answer to this question
Katherine Hawes

Katherine Hawes, Solicitor at

Top 10% Get quote

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.

Katherine Hawes added an answer to this question
Top voted answer
Katherine Hawes

Katherine Hawes, Solicitor at

Top 10% Get quote

This is a scenario that I go through with my clients all the time.
it is just as much a commercial decision as a legal one.
There are a number of factors to consider:

1. Your time and money - plus the emotional cost
2. Whether the other party has funds to pay a judgment
3. Strength if your case as opposed to the offer of settlement
 

Steve Osborne added an answer to this question
Steve Osborne

Steve Osborne, director at Stephen Roger Osborne

Top 10%

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!

Lina Barfoot commented on this article
Lina Barfoot

Lina Barfoot, Editor at SavvySME

Great article! or articles rather, I very much recommend reading the first part of these 2 articles as well. It's so useful for business owners and managers (and pretty much everyone) to have some idea of where to turn if a dispute or conflict becomes unmanageable.

Phil Khor commented on this article
Phil Khor

Phil Khor, Founder at

Top 10% Get quote

What an inspirational story! I can see how important it is for clients to be able to express themselves (and feel that they were heard) can really help them cope with resentment. Brilliant! Thanks for sharing Rebecca.

Katherine Hawes added an answer to this question
Top voted answer
Katherine Hawes

Katherine Hawes, Solicitor at

Top 10% Get quote
Yes a well worded disclaimer clause that is clearly stated will be enforceable. There are a number of different types of disclaimers or exclusion clauses. One type you have identified is on the bottom of emails but they are also found in most consumer contracts such as gym agreements, mobile phone contracts ...  Continue Reading
Lisa Creffield

, Founder at

Thank you for your response! It was very insightful.