Yes, there are alternatives to litigation. This is known as Alternative Dispute Resolution which is a process whereby an independent third person assists in the resolution of a dispute. Alternative Dispute Resolution does not include Court or Tribunal decisions. There are three main types of dispute resolution processes namely facilitative, advisory and determinative processes. These include conciliation, mediation, and arbitration.

First and foremost, stay calm and seek urgent legal advice as soon as you are served with the documents. Make sure that you record the date and time of service as usually you have only 28 days in which to file a defence. Your lawyer needs to be provided with all the information in relation to the claim being brought against you as he or she will need to respond to each and every single allegation in the documents. An allegation that is not responded to may be taken as an admission of fact.

 Hiring a lawyer ensures that you put your best foot forwards in bringing or defending a lawsuit. Good lawyers will not only guide you through the litigious process but ensure that you are commercial and make the most of alternative avenues available even once in litigation to facilitate a commercial and equitable outcome.

Amongst others, mediation involves an independent third party assisting parties in a dispute to reach an agreeable solution. Arbitration is in substitution of a Court process whereby an independent third party is empowered to make a binding decision for the parties. Mediation is therefore a collaborative process whereas arbitration adversarial in nature. 

Summarily, yes you can however for an appeal to succeed a Court needs to be convinced that the Judge who made the decision at first instance made an error at law which was of such import that the original decision should be overturned. Errors made include incorrect application of the law, errors on a finding of fact or evidence and failure to hear or review all of the evidence presented. Detailed legal advice is required before considering an appeal and this is required urgently as there are strict timeframes applicable to appealing a decision.

Your lawyer will provide you with an estimate of fees likely to be incurred depending on the nature of your matter. Each matter differs. Additional fees to that of your lawyer may relate to any expert witnesses required to prove your position, any barristers engaged to appear on your behalf, Court filing and hearing fees as well as additional costs associated with the matter such a transcript fees if required. An experienced lawyer will be able to provide you with an outline of costs and disbursements dependent on the nature of your dispute.