If you’ve never faced nor initiated litigation before, then you might have some questions about the process. This article outlines some common questions, answered by litigation lawyers in Melbourne.
How is a Criminal Trial Different from a Civil Trial?
In a criminal trial, a person who has committed a crime is put on trial by the state or government as representative of the people, to pursue that person with the consequences of their actions. Civil trials occur when there is a dispute between two parties and they cannot resolve it without court intervention.
Can I Take Someone to Court For Monetary Compensation?
Yes, you can take someone to court for monetary compensation with the help of litigation lawyers in Melbourne. If you win your case, the court clerk will file judgement against the other party. This will outline the fact that they owe you money and how much they owe. You can then use this judgement to get your money back or seize property that they own that’s equal to the amount owed.
How Does Civil Litigation Work?
Civil litigation involves uncovering weaknesses in the opposition’s case while defending against attempts for the opposition to do the same to you. This process occurs before negotiations and the trial. Most cases are resolved before a trial takes place.
To kick matters off in a lawsuit, the plaintiff must file a formal statement of claim, which is then responded to by the defendant.
The discovery stage entails each party answering questions from the other party, and providing requested documents. There will be a lot of contention and argument between lawyers as to what needs to be revealed, as neither wants anything damaging coming out about their client.
Mediation is a strong fixture in most lawsuits. At many stages throughout the litigation, the parties will need to come together and try to come to a settlement in the presence of a court-appointed mediator.
In court, a barrister will take over from the solicitor. Even after the outcome of a lawsuit, there can be a counter appeal, so some cases can drag on. Whatever happens, you know you’re in good hands with trusted litigation lawyers in Melbourne.
What is Alternative Dispute Resolution?
Alternative dispute resolution uses the services of an independent third person to help settle a dispute in a way that’s acceptable to all parties. This method is less formal and public than a trial and allows for more privacy, which may appeal to some people facing a dispute. The disputing parties usually agree on who leads the ADR. An ADR can be voluntary, court-ordered or mandated. Kinds of ADR can include:
Your litigation lawyers in Melbourne can advise you on the relevance of ADR to your case.
What Should I Do If Someone is Suing Me?
If you’ve received notification that someone is suing you, you need to get in touch with litigation lawyers as soon as possible. There are all kinds of legal complexities involved in a lawsuit, such as deadlines and particular procedures that you need to heed to. The rightlitigation lawyers in Melbourne can advise on what to do and sort out any paperwork that needs to be contended with.