Litigation and Dispute Resolution
Litigation and Resolution of Commercial Disputes
Civil litigation is a process where disputes between individuals, corporate entities or other legal personalities are resolved.
Civil litigation is often perceived as attending a Court and obtaining a judicial decision. However, it can involve other forms of dispute resolution including settlement negotiations and/or mediation conferences.
We have experience at the District Court, High Court, Court of Appeal and Supreme Court. We have a good working knowledge of the processes and procedures of these various courts.
Our knowledge of these processes and procedures will be used innovatively with a results-focused approach. We are committed to the application of this knowledge the best advantage of our clients.
In recognition of our specialist knowledge and results obtained for our clients, Norling Law has been recognised in the 2018 and 2017 New Zealand Law Awards as a leading Litigation and Dispute Resolution Specialist Law Firm. Brent has also been recognised in the New Zealand Law Awards individually in 2014, 2015, 2016, 2017 and 2018.
We recognise that litigation can be protracted and expensive. We are focused on providing strategic advice at all stages. This will reduce the delay and cost of litigation. In most cases, commercial settlements are the best outcome for all concerned. Where appropriate we facilitate alternative dispute resolution strategies that suit our clients’ needs.
If possible, we will negotiate with a view to providing the best outcome for you. The earlier a dispute is addressed professionally, the more likely it is to settle; before the parties become too entrenched to their position.
We have significant experience in dealing with all aspects of insolvent companies and individuals. We often are involved in cases where we bankrupt and liquidate debtors. We also deal with a significant volume of Shareholder Disputes. We also have experience in obtaining orders for arrest, attachment on wages, charging, sale and freezing property pending the outcome of the litigation.
Please refer to our People for more information on who we are, our experience and how we can help you.
Civil disputes can be resolved in a number of ways. These can include:
Mediation or Arbitration
Often mediation or arbitration is a very cost-effective mechanism to resolve commercial disputes. In appropriate cases, we will advocate for an alternative to the traditional (and costly) legal system.
At Norling Law, we are passionate about providing our clients with a problem-solving approach to solving legal issues. We use our problem-solving skills in serving our clients on a daily basis.
There are various options available for resolving commercial disputes. Often, some of them could lead to hefty costs, uncertainty as to outcome, delays and significant stress.
Mediation is an effective tool to resolve complex commercial disputes.
Mediation is a dispute resolution process which could help to avoid these costs and achieve a prompt resolution. Mediation should always be considered by parties when seeking to resolve a dispute, and where suitable, encouraged by their legal advisors.
More specifically, Mediation is a form of negotiation where an independent person, a mediator, helps parties to define issues, negotiate and resolve disputes using an established process in a confidential environment. Mediation provides the parties with the opportunity to negotiate flexible and creative solutions, which are often not available in litigation. A skilled mediator assists the parties to develop and explore settlement options and negotiate a mutually acceptable settlement which meets the interests and needs of all parties.
The primary objectives of mediation are to enable and empower the parties to negotiate and resolve the dispute promptly, cost effectively, and confidentially, rather than have a decision imposed upon them by a judge or an arbitrator.
Our skilled mediator can help you to:
- negotiate profitable solutions and reach a better deal.
- get it resolved now saving on costs.
- retain control of the outcome.
- be creative with solving the problem.
- resolve the differences.
Norling Law supports mediation as an efficient way of solving legal issues, and where suitable, encourages the use of mediation to its clients.
Norling Law also offers an independent and impartial mediation service to non-clients in a dispute.
If you would like to explore engaging a mediator at Norling Law, please submit the details of your issue for resolution here.
If you would like to explore engaging Norling Law to assist in resolving the dispute as your engaged counsel, please click here to book your no obligation legal consultation.
The District Court
A District Court has jurisdiction to determine a wide variety of cases where the amount is less than $350,000.
A District Court proceeding is commenced by filing a Statement of Claim and Notice of Proceeding.
The plaintiff must then serve the document on the defendant. The defendant then has 25 working days to file a defence.
If the defendant does not file a statement of defence, in many cases, the plaintiff may simply apply for judgment by default from the Court. This is a common way in which litigation is concluded and our litigation lawyers regularly adopt this approach.
If the matter is defended, there are three types of trial that could be allocated and it depends on the complexity of the case as to how the litigation will proceed. Often a Judicial Settlement Conference is scheduled which is also a great way to facilitate settlement.
The High Court
The High Court process is commenced in a similar way as the District Court, by filing a Statement of Claim and Notice of Proceeding. After service on a defendant, the defendant has 25 working days to file a defence.
The High Court has a rigorous case management programme in which Associate Judges will implement strict timetables to ensure the litigation proceeds meaningfully to trial.
To be successful at the High Court, you need to be strategic and employ a clear theory of the case whilst having a clear understanding of each stage and what is expected of you in each stage in order to win at trial.
Free Legal Consultation to resolve commercial disputes
We offer a no obligation legal consultation where we can discuss:
The nature of the dispute;
The ideal resolution;
Potential strategies to resolve issues and obtain the best outcome.