Court Matters &Litigation

In a perfect world there would be no disagreement, there would be no need for lawyers and courts. However, we do not live in a perfect world and sometimes we find ourselves in circumstances where we are just not able to resolve disputes and disagreements.

 

Most disputes can be resolved by negotiation and alternative dispute resolution procedures such as mediation or conciliation. Negotiation and other forms of alternative dispute resolution should always be considered prior to commencing litigation.

 

Court proceedings are costly and add stress to an already tense dispute. Most people prefer agreeing to a reasonable settlement reached by compromise rather than a protracted court battle. At Carson and Associates, we are skilled and experienced negotiators and able to help you to achieve a negotiated wherever possible.

 

However, some disputes are not capable of resolution by negotiation or formal dispute resolution procedures. Often this is due to factors and circumstances beyond your control. After all, if the other party refuse to negotiate or are acting unreasonable, then a negotiated resolution may not be possible. After all, it is not possible to Tango on your own.

 

In such circumstances, there may be no option but to seek a resolution of the dispute by way of adjudication. Our legal system incorporates a formal process of adjudication, presided over by an impartial decision maker where the dispute are heard and determined by a defined set of rules for the of disputes, a decision is handed down by the adjudicator by way of a formal order or ruling and the decision is enforced by the decision making body. We of course refer to this dispute resolution process as the Court and the adjudicator is referred to as the judge.

 

Unfortunately, litigation can be expensive and the risks for all parties are high. All advocates know this. All options of settlement need to be explored as early as possible. You should always consider the available options for a negotiated settlement and seek our assistance in attempting to settle the dispute whilst at the same time obtaining legal advice as to the options for litigation in the event that a resolution is not possible.

 

Some disputes are intractable and must be determined by a court. Whatever the case, Graham Carson has the advocacy experience to help you whether your case is in the:

  • Family Court;
  • Federal Magistrates Court;
  • Industrial Relations Commission;
  • Local Court;
  • District Court of New South Wales;
  • Supreme Court of New South Wales;
  • Federal Court of Australia; or
  • High Court of Australia.

Graham Carson has over 15 years in Litigation with a wide range of experience in resolving legal disputes.

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