Commercial Litigation Lawyer
Litigation Townsville
With their considerable commercial experience, CBC’s Litigation Team are business minded and take a common sense approach to resolving disputes, with a focus on prompt and cost effective solutions.
If, however, a dispute cannot be resolved in this manner, CBC Lawyers has the skills, experience and determination required to litigate the matter to the best possible outcome for our clients. Based in Townsville, we help clients throughout North Queensland including Mt Isa and the Burdekin.
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CBC’s commercial, assertive litigation and dispute resolution team can help:
- Debt Recovery
- Contractual Disputes
- Deceased Estate Disputes (Challenging Wills)
- Building Disputes
- Company and Business Disputes
- Leasing, Tenancy and Property Disputes
Commercial Litigation
Commercial litigation, also known as civil litigation, refers to the process where there is a legal dispute between parties that, if not resolved, could end up, or actually does end up, in court . A commercial litigation lawsuit commonly occurs when a party is enforcing or defending a legal right. For example, a person (the plaintiff) may sue a business if they are seeking some form of compensation because they feel the business has not fulfilled its obligations.
Dispute Resolution & Mediation
Mediation is a popular method in ADR (Alternative Dispute Resolution) as it involves an independent and impartial advisor working with all parties involved in the dispute to reach a mutual solution or agreement. This is a popular dispute resolution method as it avoids the need for the disagreement to go to court, which can be incredibly expensive and time-consuming.
The mediator does not offer legal advice or enforce a decision, rather they ask probing questions that help to uncover underlying issues. They may also help one party to see things from a different perspective by clarifying information involved in the case. For example, if one party involved in the dispute isn’t able to communicate their case efficiently, a mediator will be able to ask them clear questions to ensure they can communicate their wishes clearly and coherently.
As working with a mediator is much more cost-effective and private than taking a matter to court, parties involves in the dispute can continue with their day to day duties and business operation without any major disruptions. Although the outcome of a mediation is not legally binding, it can produce a legally binding result. For example, a settlement deed (a type of binding agreement) may be prepared based on the resolution made in a mediation session and once signed, the settlement deed will be legally binding on the parties.
FAQs
When should I go to court over a dispute?
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. The majority of commercial litigation matters can be resolved without the need for court proceedings or a trial.
If, despite all efforts, no out-of-court resolution can be achieved, we’ll give you a full breakdown of costs and carry out meticulous preparation and evidence gathering to secure a successful outcome for you as our client.
What is the process for dispute resolution?
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, save you 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 to 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. Your commercial litigation lawyer will gather all the relevant documentation, including correspondence, witness statements and records of attempts at resolution. It’s in your best interests to take your case to the lowest level of court possible to minimise costs and time, but your lawyer will advise you on this.
How do I prepare for mediation?
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.
Prior to the mediation your lawyer will prepare a short opening statement for the mediation: This will consist of a simple introduction, the main facts and analysis of your case and your opponent, as well as any attempts made to settle the dispute.