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Resolving a costs dispute out of court – how to avoid further litigation

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Blog Resources Resolving a costs dispute out of court – how to avoid further litigation

Resolving a costs dispute out of court – how to avoid further litigation

The vast majority of costs disputes involve parties who have already been through time-consuming and costly court proceedings. Few people want to embark on another round of combat to resolve a costs dispute. Blue Ribbon Legal’s out of court settlement services in Australia can help resolve your costs disputes.

There are a number of ways for out of court settlement in Australia to resolve costs disputes

Do you currently have a costs dispute that you need to resolve? Are you looking to avoid a formal dispute?

This post will cover the ways in which Blue Ribbon Legal can help you resolve  a costs dispute and reach a satisfactory outcome.

Depending on the background reason for the dispute and your current situation, there are a number of means including negotiations, settlement conferences or mediation.

In comparison to other courses such as formal assessment, these are all relatively cost-effective and can save a lot of time and stress. Find out more information on out of court settlement of costs disputes below.

Negotiation

Two parties  in a costs dispute can come to agreement  by informal negotiations, either by telephone, face-to-face or correspondence. Both parties negotiate with the aim of reaching agreement  to resolve the dispute.

When the parties reach agreement, the settlement terms will most likely be put into writing. In some cases, a deed is prepared to cover all of the aspects of the dispute which have been resolved.

Benefits of negotiation include:

  • Avoiding litigation
  • Minimising costs
  • Time saving
  • The parties can include additional issues in the agreement

Informal Settlement Conference

An informal settlement conference involves a face-to-face or virtual conference between the two parties involved in the costs dispute, sometimes with the assistance of professional advisors such as Blue Ribbon Legal.

During the conference, the issues surrounding the costs dispute will be explored and settlement opportunities raised. Settlement conferences are helpful when negotiations between parties have stalled.

With the assistance of a professional advisor, issues can be identified and explored between the parties. Areas of  dispute can be narrowed down, and a range of resolution options explored within a short space of time.

Blue Ribbon Legal can provide advice before an informal settlement conference, represent you at an informal settlement conference and negotiate on your behalf.

Benefits of informal settlement conference:

  • Avoiding litigation
  • Reducing costs
  • Time saving
  • Having an expert negotiate for you

Mediation

Mediation is a popular way to resolve a costs dispute without having to go to court. Mediation involves an independent third party – a mediator – guiding the parties through a negotiation process.

The aim of the mediator is to assist the parties in identifying options and negotiate an agreement to resolve the dispute.

Mediation is particularly suitable for disputes when the parties are:

  • Looking to preserve their relationship
  • Willing to explore settlement options
  • Satisfied with an outcome that is in  the interests of both parties
  • Wanting to avoid litigation

If a mediator cannot assist the parties to resolve the costs dispute, the parties may choose to proceed with more formal resolution options, including costs assessment.

Looking for legal advice? Or need to resolve a dispute? Contact Blue Ribbon Legal

At Blue Ribbon Legal, we offer cost-effective alternatives that help parties avoid entering into in-court disputes.

Our team of legal costing professionals can assist you through negotiations, settlement conferences and mediation.

If you’re not sure which approach suits you best, we encourage you to arrange a consultation with our team so that you can raise any questions or concerns that you might have.

To get in touch with our legal professionals, please click here. We can help you resolve your dispute.

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VIC – 470 St Kilda Road, Melbourne
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