How can a dispute be resolved without going to court?

Mar 2, 2023 | Publication

Generally speaking it is best to avoid litigation and resolve disputes out of court.  There is generally a significant time and cost investment in litigation with resources deployed in litigation better off invested elsewhere.

If a dispute can be resolved out of court on suitable terms, this is generally preferable.

There are a range of mechanisms through which disputes can be resolved out of court.  These include through correspondence, negotiation, informal settlement conference, mediation and arbitration.

A range of options can be deployed to resolve matters.

If a settlement is reached, it is important to properly document the settlement often by way of a Deed of Settlement and Release.

To obtain legal advice and representation, please contact us on (02) 9633 1826 or email reception@mcauleylawyers.com.au

Latest Insights

Review Panel Determines Right Hand Injury as Non-Threshold Injury

The Personal Injury Commission (PIC) has ruled in Tasseli v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 49 that damage to pre-existing surgical hardware constitutes a non-threshold injury, entitling the Claimant to ongoing statutory benefits and...

What are 5 legal requirements for a business?

When a new business is set up, there are various legal aspects which should be considered.  Some are more important than others in the early stages.  Obviously the nature of the business will dictate more specific legal requirements. We set out below some...

Court Dismisses Group Proceeding

A significant class action against Waller Legal Pty Ltd has been halted after the Supreme Court of Victoria ruled that the proceeding should no longer continue as a group proceeding. The case, Jane Jones (a pseudonym) v Waller Legal Pty Ltd [2025] VSC 42, involved...

How is an Easement Created by the Court?

In New South Wales, the Court may make an order imposing an easement over land if the easement is reasonably necessary for the effective use or development of other land that will have the benefit of the easement. Section 88K of the Conveyancing Act...

The Rise of Generative AI in Law and the Need for Caution

Generative artificial intelligence (Gen AI), a subset of artificial intelligence focused on creating new content, has gained significant traction in various industries, including law. Capable of producing text, images, and audio, platforms like ChatGPT are among the...

Australia Introduces Statutory Tort for Serious Invasions of Privacy

The Australian legal landscape is about to undergo a significant transformation with the introduction of a statutory tort for serious invasions of privacy. This change comes with the passage of the Privacy and Other Legislation Amendment Bill 2024 by the Commonwealth...