Dispute Resolution & Litigation Lawyer Hills District
(02) 9688 6023
info@franklegal.com.au

Dispute Resolution & Litigation

"Dispute Resolution & Litigation provide different yet individually advantageous pathways in reaching an outcome."

Dispute Resolution & Litigation

Dispute Resolution Procedures versus Litigation

Simply put, Dispute Resolution Procedures (DRPs) summarise a group of resolution procedures used to resolve disputes without the involvement of a court. DRPs include:

  • Negotiation: A structured and ordered discussion with a view to reaching an agreement.
  • Mediation: This is the most commonly used dispute resolution model. This process is voluntary, flexible and confidential. A neutral third party called a mediator, assists the parties involved to reach an agreement. This process often allows things to be said between parties in confidence which may promote an ongoing relationship once the dispute is resolved. The mediator guides the process but they themselves do not have any binding authority.
  • Conciliation: This process is similar to mediation, however at some stage in the process the parties may ask the conciliator to suggest a non-binding settlement proposal.
  • Arbitration: The arbitrator performs a quasi-judicial function and hears the arguments of both sides before rendering a binding decision.

Mediation is the most common DRP. Our Managing Director, Andrew Frank is an accredited mediator.

Litigation involves:

  • Often expensive and time consuming court proceedings
  • The parties asking the Court to determine the outcome of the dispute

Key differences between DRPs and Litigation?

Litigation

  • Promotes the concept of a winner and loser
  • The respective arguments are presented to the Court relying upon legal principles and supported by the facts recorded in documents and affidavits
  • The Court makes the decision, not the parties
  • Is costly, stressful, time-consuming and emotionally draining

DRPs

  • This process encourages each party to work towards a mutually acceptable outcome
  • The parties remain in control because they make the decisions regarding the resolution of the matter
  • Often much less costly, stressful, time-consuming and emotionally draining compared to litigation
  • An outcome may be achieved within months or even weeks

Frank Legal represents clients in relation to:

Partnership DisputesInsurance Claim Disputes
Identity FraudDebt Collection
Family Law Property DisputesBuilding & Construction Disputes
Estate Disputes (contesting wills)Intellectual Property
Customer and Banker DisputesFinancial Services Law Breaches
Commercial Building DisputesDirector & Shareholder Disputes
ASIC & ATO Investigations/ProsecutionsInsolvency Law

Why should you be concerned?

There are options available.  Disputes which are not resolved promptly usually become unnecessarily complicated and therefore expensive.

Be Prepared

Frank Legal encourages the early engagement of a suitable dispute resolution process.   We encourage our clients to take control in the early stages of a dispute which they may be involved.

What to do next?

Contact us! Our Litigation and Dispute Resolution team can advise you in relation to any current or potential disputes.  We can be contacted at info@franklegal.com.au or on 02 9688 6023.

Dispute Resolution & Litigation Areas of Practice

Litigation

Dispute Resolution

Mediation

Arbitration

Estate Disputes

 Negotiation