What You Need to Know About Dispute Resolution and Litigation


 

A dispute can arise in any workplace, partnership or business relationship. So what do you need to know when resolving a dispute?

 

Attempt to resolve your matter first

 

It is always best to attempt to resolve your dispute with the other party pre-litigation. Legal disputes can be exhausting and costly.  If you are involved in a dispute, it is important to see a dispute’s lawyer, as they can assist you in resolving the matter prematurely.  

 

Letter of Demand

 

If another party owes you money, your lawyer can advise you of your options to recover that amount.  Often, the first step is for your lawyer to draft a letter of demand for the money owed to you.  This letter sets out the demand of payment, the legal right under which the demand is made, and outlines the consequences if payment is not made.

 

You may not agree

 

The other party may respond to your letter with a different perspective of the dispute.  This is where the negotiation process should continue if it has not already commenced. If you are unsuccessful in negotiating an outcome; your next step will involve filing a statement of claim in the relevant court.  A statement of claim is a document which sets out the case of the party seeking redress. The defendant should then file a defence.

 

Precision and accuracy of legal documents

 

It is imperative that the details outlined in the statement of claim and the defence are correct and accurate.  Your lawyer will draft these documents on your behalf and keep you well informed about the process along the way.

 

Settlement before judgment

 

Should your matter end up in court, it may still be advisable to attempt to settle before judgment is reached.

 

When it comes to resolving disputes, an experienced lawyer will be able to advise you of the appropriate course of action along the way and ensure you achieve the best outcome available to you. 

 

Quite often, we have clients chasing directors for the debts of the director’s company where a personal guarantee has been provided.  Some directors fail to recognise that they have provided a personal guarantee. So what should you look out for?

If you have any questions or require advice, please do not hesitate to contact our friendly staff today.

  

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