Commercial Lawyers for North Queensland

Going to court is very much a last resort – it’s a costly process and one that can cause an enormous of distress. As such, we will explore as many options as possible to settle the matter without commencing legal proceedings. We always aim to resolve matters efficiently through mediation or negotiation first.

The majority of commercial litigation matters can be resolved without the need for court proceedings or a trial.

The first part of dispute resolution is to explore ways to settle out of court, known as ADR – Alternative Dispute Resolution.

ADR can save you money, time and in the case of commercial litigation, can help preserve your business relationships. It’s usually confidential, which means a business can preserve some of its reputation amongst wider clientele.

One common example of ADR is to attend mediation, where both parties are invited to discuss the case in a legally controlled environment, with the view of reaching a mutually acceptable resolution.

If ADR has been thoroughly explored and no resolution is forthcoming, there may be no option but to go to court. 

Preparing for mediation can be complex, and your commercial litigation lawyer will be beside you throughout the process and offer guidance specific to your case. Here are some basic steps that you can take to assist your lawyer:

Know your case: Make sure you have in-depth knowledge of the facts. Be aware of key information, witnesses, and the main arguments your lawyer has been using to progress your dispute. It is useful to prepare a short summary before your mediation session.

List the strengths and weaknesses of your case: Mediation is a negotiation process, and you should give thought to what compromises you’re prepared to make as well as your most persuasive arguments.

Before beginning commercial litigation, consider the potential financial costs, the effect on your business operations, and the status of relationships with the other party. Assess the legal strength and the available evidence of your case. Exploring alternative dispute resolutions, such as arbitration or mediation, could provide a more efficient resolution.

Costs in commercial litigation typically involve attorney fees, court expenses, and charges related to evidence collection, including witness fees. These costs can vary significantly, especially in complex cases. Getting a detailed cost estimate from your attorney is advisable to understand financial implications based on different possible case outcomes.

The time frame for commercial litigation can vary based on the case’s complexity, the court’s schedule, and the level of cooperation from all involved parties. While simpler cases might conclude within a few months, more intricate disputes may extend over several years, especially when appeals are involved.

Many commercial disputes are resolved outside of court using alternative dispute resolution methods such as mediation or arbitration. These methods can provide a less adversarial approach and are often more cost-effective and quicker than traditional litigation, allowing parties more direct control over the process.

Outcomes in commercial litigation can vary, including court judgements that may favour either the plaintiff or the defendant. Cases may also be settled through negotiations agreed upon by all parties or dismissed if they lack sufficient merit. The court might also order specific remedies, such as restitution or performance, to resolve the dispute. These outcomes depend on the case details, evidence, and legal arguments. Consult with our commercial litigation lawyer to explore your legal options.