Michael Morgan
Director
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Dispute Resolution
Resolve disputes before they destroy value.
Business disputes are costly distractions. How you handle them significantly affects outcomes. Early strategic advice can resolve matters before they escalate.
Our Approach
Strategy before action.
Skilled negotiation achieves settlements. When necessary, capable litigation protects your interests. The key is understanding your position, your options, and the likely costs before committing to a course of action.
01
Early Assessment
We assess your rights, the likely outcome if the matter proceeds, the realistic costs involved, and what success actually looks like for your situation. This assessment shapes all subsequent decisions.
02
Strategic Options
Not every dispute belongs in court. We explain the full range of options: direct negotiation, mediation, arbitration, or litigation. Each has different costs, timeframes, and implications for ongoing relationships.
- Negotiate directly
- Mediate with neutral facilitation
- Arbitrate for binding resolution
- Litigate when necessary
03
Throughout the Process
We keep you informed with realistic assessments at each stage. Costs are managed through proportionality. We adjust strategy as the matter develops, always focused on achieving your objectives efficiently.
Your resolution options.
Different disputes call for different approaches. Here is a quick comparison to help you understand your options.
Negotiation
Direct discussion with the other party, often with lawyer support. Best when parties are still communicating and relationship matters.
TimeframeDays to weeks
Your controlHigh
CostLowest
Mediation
A neutral third party helps both sides find agreement. Best when direct negotiation has stalled but parties want to resolve without court.
Timeframe1-2 days session
Your controlHigh
CostLow-Moderate
Arbitration
A private decision-maker hears both sides and makes a binding ruling. Best when your contract requires it, or when you want privacy.
TimeframeMonths
Your controlLimited
CostModerate-High
Litigation
Court proceedings with a judge deciding the outcome. Best when other options have failed or urgent injunctions are needed.
TimeframeMonths to years
Your controlLow
CostHighest
Not sure which path?
We can assess your situation and recommend the best approach. The right strategy depends on what is at stake, your relationship with the other party, and what success looks like for you.
Discuss Your Options
Our Experience
Disputes we handle.
We have experience across a wide range of family, commercial and civil disputes in Hawke's Bay and beyond.
Contract Disputes
Breach of contract, interpretation disputes, termination issues, and enforcement actions.
Shareholder & Partnership
Disputes between business owners, shareholder oppression claims, partnership dissolution, and buyout negotiations.
Property Disputes
Boundary disputes, easement issues, neighbour conflicts, and property settlement disagreements.
Debt Recovery
Collection of outstanding debts, enforcement of judgments, and defending unjustified claims.
Employment Disputes
Personal grievances, constructive dismissal, restraint of trade, and employment relationship problems.
Employment Law for EmployersTrust & Estate Disputes
Will challenges, trustee disputes, claims against estates, and family provision claims.
If Court Becomes Necessary
The litigation process.
Carlile Dowling works with specialist barristers to get you the best preparation and court representation.
01
Pre-Action
Investigation of facts and evidence, pre-action correspondence, assessment of limitation periods, and exploration of early settlement.
02
Proceedings
Filing statements of claim and defence, interlocutory applications, discovery of documents, and preparation of witness statements.
03
Resolution or Hearing
Settlement negotiations often continue throughout. Many cases settle at mediation. If not, the matter proceeds to hearing.
04
After Judgment
Enforcement of judgments if the other party does not pay. Consideration of appeal rights. Implementation of court orders.
Often The Best Path
High success rates
Resolved in days, not years
Significantly lower cost
Mediation works.
Most mediations result in settlement. It is faster, less expensive, and allows parties to maintain control over the outcome. A neutral mediator helps find common ground without imposing a decision.
Mediation Services
Carlile Dowling offers dedicated mediation services for disputes across commercial, property, trust, and relationship matters. We can act as your neutral mediator or represent you in a mediation.
Explore Mediation Services
Transparency
Managing costs.
Dispute resolution can be expensive. We are upfront about costs and focus on proportionality.
Realistic Assessment
Early assessment of your position helps avoid pursuing claims with limited prospects or disproportionate costs.
Proportionality
The strategy should match what is at stake. We do not recommend expensive litigation for modest disputes.
Efficiency
Focused preparation, clear communication, and avoiding unnecessary steps keep costs under control.
Settlement Focus
Most disputes settle. Early settlement discussions and mediation often achieve good outcomes at lower cost.
Our People
Your Dispute Resolution Team
Experience across litigation, negotiation, and alternative dispute resolution.
Common Questions About Dispute Resolution
Timeframes vary significantly depending on the complexity of the dispute and the approach taken. Mediation can resolve matters in days or weeks. Negotiated settlements usually take weeks to months.
Court proceedings can take one to two years or more, depending on the court and complexity. We assess likely timeframes early and keep you informed of progress throughout.
Costs depend on the complexity of your dispute and how far it proceeds. We provide estimates where possible and discuss fee arrangements at the outset. Proportionality matters. We do not recommend expensive litigation for modest disputes.
Early settlement through negotiation or mediation is usually far less expensive than contested court proceedings.
Sometimes direct discussion can resolve matters. However, there are risks. Anything you say may be used later. You may inadvertently weaken your position or accept terms that are not in your interest.
Getting legal advice before engaging with the other party helps you understand your position and avoid common pitfalls. Even if you then choose to negotiate directly, you will do so from an informed position.
Court proceedings are public, decided by a judge according to set procedural rules, with rights of appeal. Arbitration is private, decided by an arbitrator chosen by the parties, with limited appeal rights.
Arbitration often applies where your contract includes an arbitration clause. Both have advantages and disadvantages depending on your circumstances.
In court proceedings, the successful party can usually recover a portion of their legal costs from the unsuccessful party. However, cost awards usually cover only 50-70% of actual costs. You should not assume you will recover all your costs even if you succeed.
In mediation and arbitration, cost arrangements depend on the process and any settlement reached.
We discuss your situation and options at the outset. If pursuing a matter through litigation is not financially viable, there may be alternative approaches. Mediation is less expensive than court. Negotiation costs less than both.
In some cases, conditional or contingency fee arrangements may be available. The important thing is to understand your options before making decisions.
