It remains preferable to avoid litigation if you can. From our perspective, litigation should be one part of an overall strategy to achieve the desired outcome as opposed to the only strategy. Putting your entire argument in the hands of an independent third party can be a chastening (and nerve-wracking) experience. It can also lead to outcomes you are not happy with.
Having said all that, sometimes you have no choice but to litigate. If that happens, you want the right team of lawyers with deep commercial and legal experience to guide you through your matter.
Lots of law firms act only for one type of party in strata – be that a resident manager or a body corporate. We act for both. We also act for lot owners, committees and strata managers in their disputes.
We think this gives us a much more rounded ability to advise our clients in any dispute. Because we act for all types of clients in strata disputes, we get to know how they think and what their constraints are. Understanding your opposition is a large part of getting to an outcome in litigation.
We tend to settle most of our litigious matters. This is a much better outcome for our clients. Unfortunately, for a myriad of reasons, some matters just will not settle.