Albany Dispute Resolution Lawyers – Avoiding Litigation
Nobody is exempt from becoming embroiled in legal issues at some point. The legal procedure known as litigation is used to resolve claims and disagreements that need to be decided objectively between juristic people, natural persons, and the state. Although it can be as easy as getting what you’re owed, disagreements frequently turn into intricate legal or criminal cases. In these situations, the ability to balance competing or conflicting interests and persuade an unbiased arbiter to reach a just and equitable decision for all parties calls for knowledgeable and skilled Albany dispute resolution lawyers.
Common Issues Handled by Albany Dispute Resolution Lawyers
In law firm litigation departments, some of the common areas include:
- Insurance disputes over claims.
- Civil disputes.
- Constitutional matters.
- Employment issues whether representing the employer or employee.
- Appearing for clients in the District or High Courts.
- Contracts disputes.
- Immigration issues.
Civil disputes might be between two private parties or an individual and a public entity like a company or government body. The Ministry of Justice has a fuller list of civil litigation examples here.
Dispute Resolution Approaches
There are four methodologies for dispute resolution.
Negotiation
This is the first technique that dispute resolution lawyers will use. In essence, they advise their client if it is worth pursuing the case. If it is, they will communicate with the other party’s lawyer proposing a solution. Most likely, the other lawyer will respond with a counteroffer, and then it is up to both sides to assess the value of the various outcomes proposed.
Mediation
Mediators assist parties in reaching a consensual, non-binding, and durable resolution by working with them together or occasionally alone. Instead of forcing a solution on disagreeing parties, the objective is for a neutral party to support them in reaching a compromise on their own. When parties are in conflict, a mediator helps them examine the interests that underlie each of their stances. Parties are free to thoroughly examine their complaints and let out their emotions during mediation.
Arbitration
An impartial third party acts as the judge in charge of settling a disagreement during arbitration. After hearing both sides present pertinent information and making a binding decision that is confidential and unappealed, the arbiter issues a ruling. The opposing parties can negotiate almost any aspect of the arbitration procedure, including the standards of evidence and the presence of lawyers. The third approach, litigation, is far more costly than both arbitration and mediation.
Litigation
The most common type of dispute resolution is civil litigation, which usually consists of a defendant and a plaintiff going before a judge or jury. Transmitted information during trials and hearings is typically recorded as public information. During the pre-trial phase of preparation and discovery, a settlement agreement is frequently made, and attorneys typically control the litigation process.
Summing Up Albany Dispute Resolution Lawyers
If you have a dispute with another party, whether a person or an entity, that you cannot resolve between you, seeing one of the Albany dispute resolution lawyers will be a good move.
They will tell you if you have a good case, and if so, how to proceed. They might also say that your position is not strong and to save lots of stress and wasted expenditure, to move on and accept the other side’s position.
If you do need to hire a dispute resolution lawyer in the Albany area, McVeagh Fleming is a well-established law firm with a successful team of lawyers. You can find out more from their website, mcveaghfleming.co.nz.