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Despite best efforts, it may be impossible to resolve a matter using ADR.
Litigation is the process of having a legal dispute determined by a relevant court or tribunal. Court proceedings run to a strict timetable and litigation requires thorough preparation.
If you are involved in court proceedings, it is important to understand the relevant processes, the range of remedies that may be awarded, the likelihood of winning the case or successfully defending a matter, and the cost implications.
A cause of action must be based on a breach of legislation or the common law, and properly identified in the proceedings. Evidence may be led by documents, statements, video, or the like, to support the alleged breach and the strength of each parties’ evidence will be tested in the court room. Witnesses may be called to support your case or that of your opponent’s.
Speak to Our Adelaide Litigation Lawyers
Our experienced litigation lawyers will work closely with you so you are aware of your options and properly prepared for your matter, whether your dispute is settled using an ADR process or goes to court.
If you need assistance, contact one of our Adelaide Litigation Lawyers at [email protected] or call 08 8155 5322 for expert legal advice.
FAQs
What is litigation?
Litigation is the process of having a legal dispute determined by a relevant court or tribunal rather than resolved between the parties. Court proceedings run to a strict timetable, and litigation requires thorough preparation from the outset. It is generally the path taken once attempts to resolve a matter another way have not worked.
When does a dispute end up in litigation rather than being settled?
Most disputes are resolved through alternative dispute resolution, which covers informal negotiation and settlement conferences, mediation with an independent mediator, and more court-like processes such as arbitration and conciliation. Litigation is what remains when those efforts do not produce an outcome. Choosing the right process early is often the difference between resolving a matter quickly and ending up in protracted proceedings.
What is a cause of action?
A cause of action is the legal basis for a claim, and it must be founded on a breach of legislation or of the common law. It has to be properly identified in the proceedings, because the claim is framed and tested against it. Without a clearly identified cause of action, a matter cannot properly proceed.
What kind of evidence is used in court proceedings?
Evidence may be led by documents, statements, video or similar material to support the alleged breach. Witnesses may also be called to support either party’s case. The strength of each party’s evidence is then tested in the courtroom, which is why the quality of preparation usually shapes the outcome as much as the underlying merits.
What should be weighed up before starting court proceedings?
Anyone involved in court proceedings needs to understand the relevant processes, the range of remedies a court may award, and the realistic likelihood of winning a case or successfully defending one. The cost implications need to sit alongside that assessment, since a matter that could settle through alternative dispute resolution will usually cost less than one fought to a hearing. Those factors are best assessed before proceedings start rather than after.