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Solicitor for Dispute Resolution and Arbitration Law in Auckland
Questions and answers about Dispute Resolution and Arbitration Law
My subcontracting business has been waiting on a large unpaid progress payment from a main contractor, who refuses to pay and says it will be resolved later. I have heard that construction disputes have a quick process. How does it work?
My lawyer suggested making a without prejudice settlement offer to the other side. I do not understand what that phrase means and I fear it might be seen as an admission. How do these offers work, and what are the risks?
I received a notice from the court that a judicial settlement conference has been scheduled in our case. My lawyer says I must attend in person, but I do not see the point when both sides are so far apart. What happens at one?
We do not have an arbitration clause with a supplier, but the supplier has suggested that we submit our current dispute to arbitration to avoid a public trial. I am unsure whether that would benefit us. What are the pros and cons?
We have reached an agreement in principle with the other side in our commercial case, and our lawyer asked whether we want a private settlement or a consent judgment. What is the practical difference and which is better for us?
I obtained a court judgment against a former customer, but months later I have received nothing. They ignore letters and it is unclear whether they have assets. Winning seems pointless if I cannot collect. What enforcement options do I actually have?
The business next door runs machinery late into the night, and we have not had a proper sleep in weeks. We have asked politely, and the owner just shrugs. Can we go to court, or is there a quicker way to solve this?
We are in a dispute with a neighbour’s builder over a property boundary and damage to our land. A friend suggested mediation but I doubt it will work with such bad feelings. How does mediation work and why might it be better than going straight to court?
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