Litigation and Dispute Resolution
Civil litigation is a broad term that describes court based legal disputes under the common law system (excluding criminal liability). In civil litigation there are two parties who are having a dispute
Instead of going to court, what is the cost to do mediation or an alternative dispute resolution by hiring a lawyer?
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 are the factors you should consider in pursuing a court case?
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
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...
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!
Sad but true... 1 in 3 Australian marriages will end in divorce. Therefore, if you are a married business owner, this roughly equates to 1 in 3 family businesses breaking down or experiencing a...
In part 1 of this 2-part guide you learned what mediation is and who attends. You found out what to expect at mediation and how it helps resolve conflict early on before things get out of hand. In...
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.
You deal with varying levels of conflict in your daily life. Whether itâ€™s a work, at home, at school or in the supermarket, not a day goes by when you are not negotiating conflict in some form or...
When I am at networking events or social occasions I am often asked, after ten years as a litigation lawyer, why I decided to pursue mediation. As with most things in life, there are many factors...
Does the disclaimer text inserted at the bottom of many corporate emails actually hold any legal weight? Does it actually indemnify the company if an employee uses their corporate email for...
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 etc. They are enforceable as by signing those documents you are stating that you have read and understood the terms of the agreement and consent to waiving your rights. Exclusion clauses are also found in car parks, again if clearly displayed and worded will be enforceable. My advice is always make sure the clause clearly states what you are excluded, if it is vague it will be unenforceable.
In terms of indemnify the company from inappropriate - remember you are vicariously liable for the actions of your employees. That means in simple terms -- you are responsible for every idiot you employ and the actions of that idiot. However if you have a clear social media and email policy then it could be a disciplinary action against the employee.