Disputes are never welcomed, especially in business. Everyone wants to enjoy a seamless contract fulfilment with their partners. However, this is certainly not realistic every time. Hence, you must learn how to resolve types of contract disputes and the options the Australian government offers you.
However, before directly selecting the legal wayouts, you must complete a few other steps. This article will share a step-by-step guide on the dispute resolution process for you to learn from. Read below for more information.
Business contracts are formal documentation where two or more parties legally agree to certain clauses to collaborate on a venture. However, disputes occur when any of the parties do not abide by or misinterpret the clause. Check out the guide given below.
The more you can avoid litigation, the better the situation. Hence, begin with properly examining the clauses added to the contract. Search for what the other party is demanding. Moreover, confirm whether there is any non-binding Alternative Dispute Resolution or a binding dispute resolution. The most common option for ADR is Mediation.
Here, you, along with the other parties, try to resolve the issue informally with the help of an independent mediator. Here, you are individually heard by that person and identify the clause leading to the dispute. Additionally, they will help you develop various other options and consider convenient alternatives. Ultimately, it helps you reach a proper decision if supported by both.
The other variant refers to the fact that the clause contains a specific way disputes must be resolved. In such instances, you cannot but abide by the method in the contract.
Whether ADR or DR, you must procure proof to support your claims. Hence, you must seek valid and relevant evidence. Some of the evidence you might use are purchase orders, invoices, formal emails, delivery notes, and other communication sources. You can also bring in associated witnesses, utilise photographs, etc.
However, in some cases, you might have expert evidence to prove your point, like handwriting specialists or technological experts. These will help you strengthen your point of argument and achieve more reliability from the judging individual. If you opt for litigation, you can appoint a breach of contract lawyer in Perth for more efficient action.
Settling the matter beyond the court is always a better option. Not only does it retain the relationship between the parties, but it is also a time- and cost-effective option. Hence, you must try to solve through alternative options like negotiation or consulting an expert.
Open discussions can help a lot. Indeed, there have been situations where the contractual dispute was resolved with negotiation. However, this might not always be the scenario since both parties can become more aggravated. In such cases, another alternative you opt for is consulting an expert.
These professionals are experienced in these fields and can help you in various ways. They usually help you identify the issue and make a mutual decision. However, choose an efficient and loyal expert to help you.
Your last resort should be litigation, and if that is what you are compelled to choose, immediately opt for contract dispute lawyers Perth to handle the matter. There are three major ways you can resolve it, depending on the issue you are dealing with.
Suppose you have lent someone a loan amount, and even after repeated requests, they are not paying back the debt. In such a case, you can send a letter of demand to clear their debts. If that does not work, you will need a debt collector to handle the matter.
Debt collection companies are legal companies that help retrieve your funds in lieu of a fee. You can also directly head to the court. Australia has two types of courts: federal and state/territory courts. Take the help of Civil law lawyers Perth to learn which court to seek help from based on the place of action.
It is advisable to refer to the lowest rank of courts, like legal and administrative tribunals. They are more cost-effective options. However, make sure you are consulting with your business advisor and considering its effect on the business before choosing a type of debt collection service.
Resolving contractual disputes without litigation is indeed very convenient. However, sometimes situations take turns that force us to take legal action. In such scenarios, make sure you choose eminent Civil Lawyers Perth to guide you through the process.