Litigation and dispute resolution is one of the most complicated areas of the law.  It is imperative that any case is well run by specialists who have the technical expertise to manage the outcome.  Our litigation department has a proven record of success by intermingling creativity, hard work and expertise.

Some of the cases McMillan Legal has conducted in 2010 include:

• Several instances of recovery of land because of unpaid debts;
• Bankruptcy proceedings;
• Pursuing payment for large scale unpaid construction works;
• Pursuing a real estate agent for damages for not acting in the best interests of his client;
• Seeking injunctions for theft and use of intellectual property;
• Litigating international sales of goods contracts; and
• Pursuing commercial tenants for unpaid rent and breaches of lease terms.

Whilst we have the proven ability to successfully litigate, it can be expensive even for the winning party.  That is why when we commence litigation on behalf of a client we sit down with clients, and often with independent accountants, to ensure that engaging in litigation would be a commercially prudent course of action.  There’s no point in commencing litigation to spend more than you gain.

Depending on your circumstances it may be prudent to engage in Alternative Dispute Resolution (ADR).  ADR includes methods of dispute resolution including Negotiation, Mediation and Arbitration.

Negotiation

Negotiation is the process where conflicting parties sit down with their respective lawyers and discuss the issues and the strengths and weaknesses of each other’s case.  A skilled negotiator has an accurate assessment of the legal situation and the ability to argue their client’s case with clarity and authority.  

Mediation

Mediation is a process where an independent third party, often a senior barrister will sit in on a meeting between the parties and discuss, as a group, the issues and then sit down with the individual parties and give an independent point of view.

Arbitration

Arbitration is similar to mediation with the exception that an arbitrator’s decision is legally binding on the participants.  An arbitrator will delve further than a mediator into facts and circumstances surrounding a case and will give a decision based on that understanding.  It is essential in any arbitration that competent lawyers present your case so that the arbitrator is appraised of all the relevant facts and laws in your circumstance.

If you require any more information please contact us on:

 info@mcmillanlegal.com.au or 07 3368 2310