Three reasons when you would require the services of a Commercial Litigation firm
Communication and negotiation are winning strategies for a business. Growth and expansion are it’s side effects. With growth, varied opinions and disagreements can pop up from time to time.
The best way to handle disagreements is to negotiate and work out the best terms that suit both parties. However, income cases this is not possible and individual opinions clash with each other resulting in conflict. This is the point where both parties essentially give up control and request a third-person (the arbitrator or judge) to impose a decision to resolve the dispute.
Commercial litigation is a general term that applies to any type of litigation or controversy related to business issues. Cardinal Commercial Litigation Perth is a Perth CBD-based legal practice which offers strategic commercial litigation and dispute resolution services to domestic and international clients across a range of industry sectors, specialising in assisting clients to resolve complex disputes and manage regulatory and compliance risks.
Not all disputes legally settled are resolved by going to the courts. Negotiation, mediation and arbitration are some of the ways conflict can be resolved.
When you negotiate, you work on a win win situation for both sides. You can negotiate directly or you can hire an attorney to carry out the negotiation. There are no specific rules and regulations for the negotiation process. Once both sides come to an agreement, it becomes a negotiated agreement and a contract can be drawn up. this makes the negotiation enforceable.
In mediation and third party or person works to resolve conflict between the disagreeing parties. Mediation is often a result of an unsuccessful negotiation. The whole purpose of the mediating person or firm is to move towards a solution agreeable to both parties.
Mediation is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them to reach a mutually acceptable agreement. Mediation often is the next step if negotiation proves unsuccessful. The mediator is not the decision maker. both the parties make their own settlement. The mediator can meet the parties separately or together. Mediations are generally held in the office of the mediator or other agreed location.
Arbitration on the other hand is a method of dispute resolution where the arbitrator controls the process. By listening to both sides, the arbitrator gives a decision for settlement. This is mostly an out of court settlement.