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 about a set of facts or, if they are appealing, the application of the law to a set of facts. When businesses want to avoid the costly process of litigation, they may choose alternative dispute resolution instead. How does civil litigation work? A judge presides over the dispute while the parties bring submissions and evidence before the court
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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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Nicole Davidson at GrowingBeyond Pty Ltd
Hello,
I am a commercial mediator who specialises in helping people avoid litigation. Without knowing the size or complexity of the matter I can only give you a ballpark figure which would be $1,500 to $5,000. This also depends on who you select as the mediator. I'd be happy to chat to you about the process and gove you amore accurate estimate. More details about me are at www.growingbeyond.com.au.
Best wishes
Nicole
How do you resolve your differences quickly so that your team don't get stuck between a rock and a hard place?
1.51K views
Deborah Vella at Support Legal
With a very practical partnership agreement. The agreement should cover the values that are most important to each of the partners in business, the decision making process, the process for when decisions are difficult to make and an exit strategy for either partner to exit the business.
There are literally hundreds of thousands of business operating in Australia as partnerships or companies but, shockingly, it is estimated less than five percent of those have shareholder or...
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5. Cost - Mediation less expensive than a trial, 4. Time - Mediation can be quicker, both in terms of getting a date for the mediation session and the duration of the process. Mediation is often...
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It's not uncommon for an internet meme to trigger a tirade against the poster, which is exactly what happened on actor and activist George Takei’s social media accounts. How George Takei chose to...
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"Mediator appears to side with teachers union in contract impasse" This recent headline from the Keynoter newspaper caught my eye and got me thinking – “Why is the mediator taking sides? S/he...
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What are the factors you should consider in pursuing a court case?
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Katherine Hawes, Solicitor at Digital Age Lawyers
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
Be aware of what you are saying and doing The idea of a lawsuit being issued over a Tweet can seem downright laughable, but it has absolutely happened, and will likely continue to. Protect your...
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Have you ever had a manager or a co-worker cross the Employee/Employer line with sexually inappropriate touching? I have. It was traumatic. A number of years ago, I worked in a small family run...
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I purchased a business with my husband 4 years ago. The previous owner immediately started to do the same type of work with a so called friend more than 5 kms away so not much we could do. Our...
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Jacqui Pryor, Director at Mark My Words Trademark Services Pty Ltd
Thanks for the tag today Yee :)
Certainly, the terms of the agreement would need to be reviewed to determine any/all action available to you. However, I agree with Katherine's comments above. On the face of your post it certainly sounds like he may be guilty of engaging in misleading and deceptive conduct.
Copyright infringement may come into play if he's using your images or any of your 'work'. If he's using images he took and never assigned copyright ownership to you when you purchased the business then he may still be the copyright owner, but, depending on all the specifics using those images may still amount to misleading/deceptive conduct etc.
All the best :)
Eloah Paes Ramalho , Community Manager at SavvySME
@Jacqui Pryor , I really appreciate your answer on this matter. It's reassuring to know there are often many action to take in a situation like this! I'm curious what can SMEs do to more of to protect copyright and disencourage misrepresentation by other entities?
What do you do with a client who after 90 days still hasn't settled a $209 invoice they keep saying they will?
2.12K views
Bridget Holland, Director at NoBull Marketing
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. If they don't, write the debt off and move on. Spending more time and money on a small, slow-paying client is just not worth it.
2. You have ongoing business for a reasonable amount with them. Send a letter / email advising that your policy is to do no further work for clients with bills 90+ days overdue so their account has been suspended. They need to pay within 7 days. All future work will require a deposit in advance / be on a 7 day payment term.
3. You have no business at present but hope for some in the future. Build it into the pricing for the future work and make sure the payment terms on that future work are cast-iron including an advance payment, and that they sign for the work before you start doing anything.
Including a clear statement of payment terms in your T&C is also a good idea.
BTW I once had a client who only ever paid on receipt of a 7 day warning letter. Non-payment was clearly a cashflow management issue for them and the 7 day letter acted as a warning to them that it was time to stop resisting and pay up. Once I knew the pattern I just made sure they got 7 day letters at 60 days when other clients didn't get them till 90 days.
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...
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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...
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A small business offering shoe and leather repair, key cutting and engraving services in Perth has been ordered to pay a former employee $6,200 in damages for discrimination on the ground of sex....
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More marriages end in divorce litigations than ever before. But the truth is that it doesn't have to be like that. There are still many ways to solve marital disputes and issues, which too many...
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You deal with varying levels of conflict in your daily life. Whether it’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...
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Solicitor at Digital Age Lawyers
Joint Owner and Customer Strategist at Sydney Business Web
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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 about a set of facts or, if they are appealing, the application of the law to a set of facts. When businesses want to avoid the costly process of litigation, they may choose alternative dispute resolution instead.
A judge presides over the dispute while the parties bring submissions and evidence before the court to support their position. The court will determine which evidence is admissible and once the judge has heard all of the evidence they will make a judgment on how to apply the law. This will result in the case being handed to either the plaintiff or the defendant.
An important part of the legal system is the appeals process. If a party disagrees with the decision made by the judge, they can appeal to a higher court to argue that the lower court made an error in applying the law. Cases heard in higher courts tend to handle more significant legal decisions as they can create broader precedents for future cases.
Alternative dispute resolution (ADR) is the name given to the non-litigious options available when there is a dispute. Most often it is a term associated with the process of mediation, though it also includes conciliation and arbitration.
Mediation is a voluntary process which involves an individual (usually a lawyer) being a party to negotiations between the disputing parties. The mediator does not have the authority to make a judgment on either party, they are only there to to assist the parties in resolving the dispute. The mediated dispute is settled when the parties are satisfied and in agreement. Mediation is distinguished from a simple negotiation by the presence of a neutral party who assists in coming to an agreement.
The conciliation process also involves a third party, but they may not be so neutral. The conciliator will actively introduce options for settlement and will require the agreement be in keeping with regulatory requirements.
In arbitration, the parties agree to abide by the third party's judgement prior to commencing arbitration.
While ADR is significantly cheaper in most cases, the parties lose the protection of the courts. The courts are far more costly and complicated to navigate, but they are that way because they offer extra checks and balances in resolving the dispute. The appeals process is particularly valuable when there is a dispute in the application of the law.
Businesses require lawyers to represent them and help them build a case, which typically means significant legal fees. When settling the dispute will cost more than the amount to be settled for, businesses are unlikely to choose a litigious option. ADR offers a middle ground that can be useful in these situations.