How Can Auckland Dispute Resolution Lawyers Prevent Disputes From Going To Court
Chances are if you are involved in a legal case, your lawyer will probably try to advise that the case gets settled out of court if possible. By not going to trial, you will avoid spending a lot of time and money on the case and you will avoid unnecessary stress as well. There is also a risk of taking a case to trial because you cannot be sure that the verdict will be in your favour. The way to achieve this is to hire one of the Auckland dispute resolution lawyers.
The fact is, no one truly enjoys litigation. Even cases that seem petty and small have a way of destroying reputations and relationships while also costing a lot of money. Fortunately, there are now several ways that litigation can be avoided with different alternatives.
These alternatives can help put a quick stop to pending lawsuits, put an end to long-standing disagreements and can even create a win-win outcome for everyone involved.
So, what are some different strategies that Auckland dispute resolution lawyers may use to keep your legal dispute from going to trial?
Mediation
In mediation, there is a third party involved that encourages both sides to begin conflict resolution. This third party is a neutral party that is not associated with the plaintiff or the defendant.
Mediators are generally certified with a background in law. Certified mediators can be retired lawyers and judges. They are trained to get both sides of the legal dispute to communicate with each other.
Certified mediators cannot provide any legal advice nor can they take the side of either, but they can help the other side get a better understanding of the other’s point of view.
If both sides can come to a resolution, a memorandum of understanding will be drafted by the mediator. This resolution will be reviewed by each lawyer before it is filed as a legal agreement.
Negotiation
This is a process where the two parties attempt to resolve their disagreement by working alongside a legal representative. The legal representative is generally the same lawyer who would represent them if the dispute went to court.
By allowing the lawyers to work on the negotiation process, the parties can be assured that negotiations will remain civil and handled in a professional manner. This is crucial because it can increase the chance that the outcome will work in your favour.
Arbitration
This is a process that is very similar to mediation in that it involves a neutral third party. However, it differs from mediation because the arbitrator listens to the dispute in the same manner that a judge would do in court and a decision is made.
In the majority of cases, this decision is final and it is legally binding. In addition, both parties must agree that they will abide by the decision before the dispute is brought to the arbitrator.
If you are currently going through a legal dispute and want to avoid going to court, it is important to speak with your lawyer to see what options are best suited for your particular case. By choosing an alternative to litigation, you can save money, time, stress and get the issue resolved so you move forward and put the dispute behind you.
Summing Up Using Auckland dispute resolution lawyers
Going to court is expensive and stressful. You are likely to be better of hiring an Auckland dispute resolution lawyer to use their skills to mediate, negotiate or arbitrate with the other party’s lawyer.
One of the bigger Auckland dispute resolution lawyers is McVeagh Fleming. You can get more details from their website.