Why you might have to take your dispute to court?

Sometimes problems arise in our lives that despite our best efforts can’t be resolved by negotiation or any other informal means.  If the matter must be resolved or you can’t let it go without resolution sometimes the only option is litigation.

Litigation can be a daunting process whether it’s in the Disputes Tribunal (which has a maximum jurisdiction to cover disputes up to $30,000.00), the District Court which can cover up to $350,000.00 or the High Court which covers disputes over $350,000.00.

Some matters are covered by an exclusive jurisdiction of the High Court irrespective of the value of the dispute such as bankruptcies under the Insolvency Act and Liquidations or other matters under the Companies Act.

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Challenges of litigation

Some of the most challenging parts of litigation is navigating the processes involved in firstly commencing the litigation and then navigating your way through the Courts procedures such as disclosing evidence, engaging experts, attending case management conferences and other preliminary matters that all must be undertaken prior to a hearing.  This process can take from many months to several years depending on the complexity of the case and the availability of Court time.

Notwithstanding the long drawn out process it is advisable to explore alternative dispute resolution processes such as mediation or in some cases arbitration.

Are you left with no other option? Contact our specialist litigation team

Before embarking on such a process it is important that you obtain good informative legal advice to enable you to make a properly informed decision as to whether to pursue litigation or not.  No one will guarantee success in litigation because once you embark on that process the decision making is left in the hands of a Judge and your legal advisor must then advocate for your position.

It is always worthwhile investing in obtaining legal advice as to what claim you might have or your options when it comes to commencing litigation.