Litigation and Dispute Resolution Lawyers Melbourne
McMahon Fearnley Lawyers are experienced litigation lawyers representing both plaintiffs and defendants in a wide range of litigation matters. We assist with litigation involving contractual disputes, insolvency and bankruptcy proceedings, corporation disputes, partnership disputes, debt recovery, franchising, building and construction, intellectual property, competition and employment, and workplace relations.
McMahon Fearnley Lawyers understands the complexities of litigation and the risks involved. We appreciate the practical benefits of a speedy resolution and will discuss alternative dispute resolution methods where appropriate in the circumstances. Contact McMahon Fearnley Lawyers today to discuss your legal issue and receive expert advice on your rights, obligations, options, and prospects of success.
Litigation is a very broad term and encompasses many areas of law. In essence, it covers almost every type of dispute that may arise and require court or Tribunal proceedings. For example, if you are owed money following the completion of works or the provision of services and payments are not forthcoming, you may want to consider engaging lawyers to assist with recovering the amount owed. This would involve going to court or a Tribunal and having lawyers and barristers argue your case before a judge.
However, there are many hurdles to overcome before stepping into a courtroom or Tribunal. The experienced lawyers at McMahon Fearnley can provide practical and strategic advice whether you are initiating or defending legal proceedings.
Depending on your case, you may need to engage experts and instruct barristers. The team at McMahon Fearnley Lawyers will talk you through the risks and costs involved. They are well equipped to advocate for you and guide you through the process of commercial litigation efficiently and cost-effectively.
Alternative Dispute Resolution and Pre-Litigation Strategy Advice
Litigation can be a very costly, lengthy, and uncertain exercise that can leave more than your hip pocket drained. Alternative dispute resolution (ADR) may be a better option.
Sometimes it is prescribed by legislation and/or Court or Tribunal rules and is required before any litigation can commence. ADR can also be engaged in voluntarily with the consent of both parties.
While there is no guarantee that your dispute will be resolved by participating in ADR, you are likely to develop a better understanding of your dispute and the other party’s position. Having this knowledge can save time and money and provide obvious strategic advantages to your case. McMahon Fearnley Lawyers can assist you with fully utilising this information to your advantage.
Mediation is a meeting of the parties before an independent person known as a mediator. The mediator is usually appointed by the parties but in some instances, by the Court or Tribunal.
The aim of mediation is for the parties to reach an agreed resolution to their dispute. There are many benefits to engaging in mediation, including:
· significant cost savings
· having control over the outcome of your dispute, as there is no obligation to settle or reach a resolution if it’s not agreeable to the parties
· maintaining privacy, as settled disputes often include non-disclosure terms
McMahon Fearnley’s dispute resolution lawyers can guide you through all the stages of mediation.