While most business transactions will be problem-free, occasionally disputes can arise. These occur when one party is negatively affected by another’s actions (or inactions), whether the loss be monetary or otherwise.
Disputes in the commercial world can take many forms, from contract breaches, to misleading or deceptive conduct, faulty products, fraudulent conduct, professional negligence and debt recovery.
Whenever possible it is best to try to resolve these out of Court. Different types of Alternative Dispute Resolution (ADR) are available to help iron out conflicts, which usually involves a third party facilitating a discussion to help the disagreeing parties find a solution. ADR remedies include negotiation, conciliation, mediation, expert determination, and arbitration. ADR can be effective, as it allows parties to think outside the square in coming up with a solution. The Courts tend to be much more black and white in the way they deal with disputes.
There are also many government Tribunals and Commissions that deal specifically with commercial disputes, and investigate and enforce laws relating to commercial transactions.
Sometimes formal court proceedings are unavoidable. Litigation can be stressful and distracting, so having the best legal advice is imperative for your piece of mind. The more complicated disputes often end up in Court, such as professional negligence claims where one party seeks compensation for loss caused because the other party did not exercise an appropriate duty of care.
The key to successfully resolving a dispute is to get legal advice early, so that you understand your position and the remedies available to you. Time limits apply to civil proceedings.
Our lawyers can help you to resolve your dispute quickly, using the best method available for your situation. We can help you prepare answers and documentation for formal investigations. If Court is required, we are experienced in representing clients across a wide range of commercial matters. We handle claims for and against individuals, businesses large and small, liquidators, debtors, creditors, trustees, and government departments.