We always recommend negotiating a settlement prior to beginning the litigation process.
As with all litigation at the conclusion of a case there is generally a winner and a loser and for the loser the costs can be quite considerable. For this reason we always recommend that before commencing Court proceedings our clients should attend to negotiate a settlement of their claims or claims against our client and that if this does not work to ascertain whether or not mediation is an alternative.
If litigation becomes unavoidable then both we and the client must always ensure that there is a focus on both the commerciality of the litigation and the litigation itself.
At the beginning we like to discuss with you the costs and the risks involved in embarking upon a course of litigation.
We also endeavour to limit your exposure to an adverse outcome in the proceedings as well as the cost to you and to your business both emotionally and financially of protracted litigation.
We will also advise you about reviewing contracts and procedures to endeavour to avoid the prospect of further litigation in the future.
Successful litigation is based on clear and accurate instructions, confidence, confidentially and trust and for that reason both you and we need to ensure that we communicate clearly and concisely so that we can build the necessary trust and confidence with all of our clients.
If, at any time during litigation we feel that your case is not viable or has serious weaknesses or deficiencies we will tell you of those issues at the earliest opportunity so as to give you an opportunity to limit your exposure to a Court judgment against you and/or the imposition of a Costs Order upon you or your business in relation to any legitimate claim that is made against your business.
Contact: Peter James
Phone: 02 6642 2044