As professional trouble-shooters, our focus is on resolving your problems by anticipating and pre-empting a legal issue or addressing a dispute that has already started. At Egis Legal, we’ve got your back. We bring extensive legal expertise and commercial acumen to deliver workable strategies without expensive litigation, wherever possible. We will:

• Analyse your situation to properly understand your legal position

• Use our knowledge and experience to devise options to resolve your matter in the most favourable way possible
• Explain your position in plain English so you can make a confident, informed decision
• Use our negotiation skills to settle your dispute or, if necessary, advocate strongly on your behalf if your matter goes to court
• Keep you advised and protect your legal interests at all times

Using Alternative Dispute Resolution to Resolve your Matter

Many legal disputes can be effectively managed without going to court and in most cases, we will try to resolve your matter using alternative dispute resolution (ADR). ADR refers to the various ways to settle a dispute without resorting to litigated proceedings, and includes processes such as informal negotiations, settlement conferences, mediation, conciliation, and facilitation. ADR can result in quicker, cheaper, and more flexible solutions for the parties and may also help to preserve relationships.

Negotiation

Negotiation is typically the first method used for resolving disputes. Parties may communicate directly, either verbally or in writing, to try to reach a compromise. The parties’ respective legal advisors may assist with advice and negotiations and, if a resolution is reached, it can be formalised in a legally binding agreement.

Mediation

Mediation involves a neutral person (the mediator) meeting with the parties to a dispute and assisting them to reach a resolution. Mediation is usually confidential, and the mediator does not provide legal advice or determine the dispute. If mediation does not completely resolve a matter, it can still be useful to narrow down the real issues in dispute, so that the parties can move forward in a more focused manner.

The benefits of mediation include:

• The location, date and time for mediation can be agreed between the parties, which usually means the dispute will be resolved much faster than proceeding through the court and waiting for a final hearing.
• Mediation is less formal than a court hearing, with a lower threshold for the presentation of evidence.
• The parties can explore more flexible ways to resolve their matter and reach terms that may otherwise not be available through court orders.
• The parties have an opportunity to preserve their relationship which is helpful if they are involved in ongoing commercial or personal arrangements.

Facilitation

Facilitation is led by an impartial person called a facilitator and is similar to mediation but more commonly used for groups in conflict, for example local planning matters or body corporate disputes. Facilitation can also be used as a forum for differing points of view to be discussed and considered in reaching an agreement.

Conciliation

Conciliation is a process whereby parties to a dispute try to reach an agreement with the help and advice of an impartial person, known as a conciliator. The conciliator usually has some experience of the matter being disputed and can advise parties of their respective rights and obligations.

Arbitration

Arbitration is often used in situations such as industrial relations or contractual disputes. The arbitration process is similar to conciliation where parties to a dispute present their case to an independent third person (the arbitrator). Generally, the parties are bound by the arbitrator’s decision.

Commencing Litigation

When all else fails, litigation may be the only option left to resolve your matter. Usually, court proceedings should be a last resort. However, when the parties have very different perspectives, it may be the only way to resolve a dispute.

In litigation, the parties give over their power to the court to make a decision about the outcome of their dispute. This outcome can be enforced through court orders, ensuring that the dispute is fully resolved. The types of legal disputes that proceed to court can vary significantly. Accordingly, different courts and tribunals have been established based on specific categories of disputes and the monetary value of a claim.

Court proceedings run to a strict timetable and litigation requires thorough preparation. The pros and cons of commencing litigation must be carefully weighed so an informed decision can be made. Our experienced team will do all that we can to help resolve your legal dispute in the most economical, effective, and pragmatic way possible. If your matter does proceed to court, we will outline a clear pathway forward, so you know what to expect, and provide expert advocacy on your behalf.

We can help with:

• Business and commercial disputes
• Consumer law matters / misrepresentation / unfair contracts
• Contract disputes including breach of contract
• Commercial and retail leasing disputes
• Shareholder or partnership disputes
• Inheritance disputes / contested will
• Debt recovery, insolvency, and bankruptcy matters
• Property damage claims

If you need any assistance, contact [email protected] or call 02 8005 6577 for expert legal advice.