Not all disputes can be resolved by negotiation or mediation. Some disputes will, because of their nature (for example, domestic violence and protection orders) need to be determined by a Court.
In those cases, it is necessary for a Judge to decide.
Litigation, or having your case heard by a Judge at hearing and the process leading up to this, is a complex and specialist field. It requires:
• Knowledge and experience in the skills of being a Court Lawyer (making submissions, cross examination, and the rules of evidence).
• Knowledge of the relevant legislation/rules and the cases interpreting those.
• Knowledge of the Judges and case officers involved, to progress the case as quickly and successfully as possible.
A surprising amount of the litigation process is drafting documents. These are applications, affidavits (your evidence – or reasons why you should get what you are asking for), memorandum to the Judge and written submissions to advance your case.
Litigation is the most expensive process to resolve your dispute. It is also the most lengthy. There are few Judges and Court rooms, and demand for them is great.
At any stage, the litigation track can intersect with negotiation or mediation. You can always reach decisions by consent, via negotiation or mediation. This can result in a Court Order.
I am an experienced litigator at all stages of the process, and am able to represent you and provide robust, and realistic advice.