Negotiated Disputes

Depending on the matter, there are different processes that occur in litigation which range from negotiation before litigation to taking the matter to a trial-based resolution. Litigation ends when the matter has been negotiated and settled or when the case is heard before the court and a final judgement is made. Not every dispute ends up in court. Taking a matter to court can be highly stressful and costly. Our lawyers are experienced in looking at alternative techniques such as negotiation, arbitration and mediation to resolve conflicts. We always attempt to negotiate with the other party to reach a settlement beforehand and will only commence court proceedings when the other alternatives have been explored.

We have a team of experienced fixed fee litigation lawyers with extensive experience to take your matter through the court process as required. Where there is a failure to reach a settlement then court action may be the only solution.

If you would like to know more information, please contact the team at Lynn & Brown today.

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Our Expert Team

Steven Brown

Director

Steven is a Perth lawyer and director, and has over 20 years’ experience in legal practice and practices in commercial law, dispute resolution and estate planning. As a principal of Lynn & Brown Lawyers, Steven is focussed on providing commercial...

Chanelle Kane

Lawyer

Chanelle has been in the industry since 2013 and graduated with a Bachelor of Laws in 2020. Chanelle completed the Graduate Diploma of Legal Practice with the College of Law in 2020 and was awarded the 2020 PLT Professional Excellence Award for the cohort....

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Frequently Asked Questions

Are there alternative solutions?

If successful you may be entitled to a remedy but this is up to the discretion of the court. A remedy may include damages in the form of a financial compensation; an injunction which is stopping a person from doing a specific thing or it may require them to do something.

How is negotiation used to resolve conflicts?

For negotiations to be successful, it usually requires both parties to compromise from their best case scenario. The benefits of a negotiated resolution is that the dispute is finalised, you take the risk off the table of a worse result occurring, you will limit your legal fees and you will avoid the ongoing stress and uncertainty of litigation.

How long do I have to commence litigation?

Nearly all causes of action have a limitation period in which an action must be brought before the court. A failure to bring an action before that time can mean you are unable to commence proceedings. Limitation periods vary for different types of matters. You should seek advice as soon as possible.

What are the outcomes of litigation?

What does litigation involve?

It involves commencing proceedings in court to resolve a dispute. The first stage usually involves what is known as pleadings. Pleadings are a formal way to tell the court and the other party your story. The plaintiff will file at court a statement of claim and the defendant a defence. After that occurs, often a process known as discovery occurs. During this stage, each party must disclose to the other all documentation they have relevant to the matter. The parties are then usually directed to a court-based mediation. If the matter is still not resolved, it will proceed to a trial-based resolution.

What happens if you are being sued?

If you have received court proceedings or some other notification indicating you are being sued, it is important to get legal advice so you can understand your rights and obligations. Time is of the essence because you usually only have a limited amount of time to respond. If you do not file a response in time, the other party may obtain judgment against you. Our team has proven success in resolving disputes quickly and easily in order to achieve the best outcomes for you.

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Negotiated Disputes