Top Reasons To Hire An Auckland Dispute Resolution Lawyer Before Filing A Court Case
Lawsuits that end up turning into long-drawn court cases are extremely expensive with most of the costs that arise in the process going towards legal fees. For example, if an estate owner dies and the dependents start fighting over the estate in court, at the end of the court battle, most of the estate can end up being auctioned to cater for legal fees. Any dispute that goes to court will be very expensive and take a long time. Therefore, to get a faster and lower cost solution talk to an Auckland dispute resolution lawyer as soon as possible.
Some people do not know that legal disputes can be settled without either party setting foot in court. In fact, the courts encourage the use of alternative dispute resolution mechanism before a case is heard by a judge. If you are thinking of lodging a lawsuit against another individual, you can save yourself a lot of stress, time and money, and, still get the justice you are seeking by consulting a dispute lawyer. Often times, simply receiving a letter from an Auckland dispute resolution lawyer will halt the other party from taking further cation.
There are numerous routes for dispute resolution but the most common are one of four paths:
- Negotiation
- Mediation
- Arbitration
- Court
Negotiation
In this process, your lawyer will negotiate with the lawyer from the other party. Each lawyer will advise their client on the merits of the case and proposed actions. Sometimes a client doesn’t like a proposed solution and not want to accept an outcome. Their lawyer will advise if this is a good or least worse result they might expect so often the lawyer is negotiating with their own client to accept an offer on the table.
Mediation
This is when two parties sit down with a single lawyer to discuss a situation. The lawyer can advise either or both parties if their claim is fair or acceptable in law. For example, divorcing couples may not understand child access arrangements or rights. A mediator can explain the legal position to help them reach an amicable outcome without the cost of going through lawyers.
Arbitration
This is when all parties submit their position to an arbitrator. The arbitrator or arbitration panel will consider all the evidence and then issue a decision. That decision is binding and enforceable in court.
What Are The Benefits Of Hiring An Auckland Dispute Resolution Lawyer?
Taking a case to court is extremely expensive and many courts have backlogs with cases before them. Using a dispute resolution lawyer will reduce the costs and more than likely produce an outcome far sooner than going to court. Even if the outcome isn’t as you would wish for, simply by not having the stress and pressure of a case hanging over and halting your activity can make life easier.
Legal proceedings also tend to break up a lot of relationships. This is because at the end of most legal proceedings, only one party usually wins. However, dispute lawyers usually strive to arrive at a solution that works for both parties. A dispute lawyer can therefore help you salvage your relationship with the individual you are looking to sue.
A Guide On How To Find A Top Dispute Lawyer
Ideally, you should look for a dispute resolution lawyer who meets the qualifications listed below.
- They should be licensed to practice law
- They should be adept at communication and consult you frequently
- They should be highly adept at mediation
- They should be seasoned at negotiation and have a proven track record of registering wins on behalf of their clients.
The easiest way to find someone who fits the bill is to search online. Alternatively, you can ask friends or colleagues if they have worked with a lawyer for similar circumstances.
Results and Likely Outcomes
Sometimes a lawyer will advise accepting an offer which looks to be to your disadvantage. This will be because the time and costs of taking the case to further levels will be too expensive and unlikely to lead to a better outcome for you. The lawyer is not going to be disadvantaged since you will be paying for their time so if a solicitor does suggest this, then it is most likely that this is the best outcome you are going to get.
Conclusion
Ignoring or trying to resolve a dispute on your own are two poor options. Hoping it will go away is unlikely and trying to resolve a situation can leave you exposed or in a much worse position than you need to be. Talk to an experienced dispute resolution lawyer in Auckland who will be able to suggest a good path and hopefully avoid the massive cost and time of going to court. A dispute lawyer will have worked on many similar cases and will have a much better idea of the law and likely outcome. Listen to them.
To help with any disputes you may have, McVeagh Fleming in Auckland can help. You can get more details here.