The first line of advice offered by Roberts Gray Lawyers in relation to disputes is to always take well-considered action to avoid dispute situations in the first place. Clients are advised to monitor relations and dialogue and formalise changes to agreements to address emerging issues. If problems are starting to be noticed then tackle them long before they become difficult. In addition, when entering into new agreements try to identify where issues may arise and ensure they are covered in any legal documents. An astute lawyer can assist with this process.
In a situation where the focus is on creating a dispute-free environment, try to create opportunities for all parties to actually talk and listen to each other. Also set in place an atmosphere or process whereby each party seriously and openly considers the impact of their actions, or inactions, on other persons. Foster an atmosphere whereby each party genuinely tries to understand the points of views and motivating priorities of everybody else involved in the dialogue.
When talking to your lawyer about a dispute that is concerning you, be prepared to discuss the following:
- The processes that might be introduced to ensure each party to the dispute receives expert advice that may facilitate movement toward an agreement.
- The scope for a third person, such as a mediator, to help you and other persons involved in the dispute to work toward an agreement.
- Whether there is a need to engage a third party (e.g. a court or tribunal) to consider the views and evidence of each party and make a decision regarding how the dispute will be resolved.
When talking to Roberts Gray Lawyers about obtaining support for dispute resolution, the following matters may be considered:
- Your capacity and preferences for assigning time, money and other resources to obtain a resolution
- The extent to which you want control over both the process and the final agreement of associated decision making
- Your understanding of how the other persons involved want to move toward management and resolution
- The relationship, if any, that you wish to maintain with the other participants after the dispute is resolved.
- How structured you want the process to be and whether that supports involvement of an independent person. If so, the extent to which you want their involvement.