Litigation & Alternative Dispute Resolution
Litigation, even in the more relaxed environment of the Victorian Civil & Administrative Tribunal, is often a very technical process, requiring adherence to strict rules of evidence and conduct. It is easy for a non-lawyer to trip themselves up and cause material harm to their case. For example, it is possible to inadvertently waive your rights to claim legal professional privilege, which may result in your opponent obtaining copies of documents that may reveal key details about your strategy and advice.
There is no doubt that litigation should be considered an avenue of last resort. It is time consuming, expensive and, often, the outcome is uncertain. What should you do if you cannot reach a resolution, and litigation seems inevitable?
This is where Alternative Dispute Resolution may be useful.
ALTERNATIVE DISPUTE RESOLUTION.
Alternative Dispute Resolution is a catch-all name for a range of alternatives to litigation. These alternatives may include:
• Informal mediation without a mediator (often called a roundtable conference);
• Formal mediation with the assistance of a mediator;
• Arbitration; and
Each of these has a common goal and purpose – to assist the parties to resolve their dispute quickly and with the least expense possible. Another advantage of the alternative dispute resolution process is that the settlement may remain confidential, which is often important where confidential information – such as trade secrets – may be revealed during proceedings.
Peter Speakman & Co Lawyers are here to assist you whether your matter involves formal litigation or a form of Alternative Dispute Resolution. Contact us to discuss your situation.