Here at Axia Litigation Lawyers, we get asked: “do I have to go to court to settle my dispute” a lot. Whether it’s the prevalence of US courtroom dramas where every dispute ends up in a trial or something else, I’m not sure, but it’s worth discussing.
The short answer is no! In fact, by far the majority of disputes are settled long before court dates are booked and barristers are engaged.
Here at Axia Litigation Lawyers, we explore every reasonable avenue to settle a dispute in the best way possible for you before resorting to a court appearance.
Just a few ways that disputes may be settled prior to a court appearance include:
1. An existing resolution process for specific situations. Disputes about neighbourhood fences and residential leases, for example, are areas where the Queensland Government has established procedures and processes for individuals to access dispute resolution services.
2. A letter of demand. For businesses with bad debtors, a letter of demand from their lawyer is often enough to prompt a debtor to pay up.
3. If a letter of demand is insufficient, lodging caveats over a debtor’s property to secure your debt may be possible if you have Terms and Conditions of Trade which are well drafted and signed by the debtor. If you don’t, this is simple to implement.
4. An exchange of letters and agreed resolution. If the relationship between the parties has broken down and both parties are legally represented a resolution can often be achieved by an exchange of letters between each party’s lawyers. Generally, each side will outline their expectations and may briefly outline how they intend to pursue the matter. With this aired between the parties, a resolution that avoids further steps can be achieved.
5. Mediation. This involves both parties meeting with an impartial mediator who facilitates a discussion with the goal of resolving the dispute between the parties without having to go to court. Mediators don’t pass judgment or give advice, they simply create a framework for parties to explore a resolution. Many personal, family, commercial and property disputes are settled via mediation.
6. In some instances, a dispute will end up in the court system. While this is not desirable the reality is that sometimes there is just no alternative way to resolve the dispute.
Whatever your situation may be, we can assist you to explore the options to avoid court. If a court appearance is required, you will have experienced, competent lawyers in your corner.
Contact Axia Litigation Lawyers direct and speak with an expert today.
Axia Litigation Lawyers are experts in dispute resolution and litigation.
Contact us today to understand how you can effectively and efficiently reach a resolution in your matter.
We have used Axia Legal on two occasions over the last three years with great success and I am happy to recommend Adam Brown from Axia Legal
Axia were competent, diligent and excellent to work with.
After multiple attempts at trying to find reliable counsel in Australia to act on an advisory basis to our firm, we found ourselves feeling reassured and feel as though we have gained a solid ally with Axia Litigation.
I have no hesitation in recommending them. They were always very informative and answered all of my questions and always kept me in the loop and well informed of my progress.
After my initial consultation with Axia Litigation Lawyers, I felt the tension and stress fall away. They were both compassionate and understanding of my case and were diligent and thorough in their work ethic.
The team at Axia Litigation were first class, when guiding us through two consecutive legal matters. We received regular communication, with each of the legal steps explained in full.
Adam and staff have been very helpful throughout the whole process. Very happy with the service and final outcome.
Axia Lawyers are an excellent litigation firm that handle cases in a professional manner and pay attention to details. The customer service was outstanding, I would highly recommend this firm.
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