By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
A dispute can involve a contract, service, property, money or conduct that has caused loss. Before choosing a process, describe the relationship, what is disputed and the practical result you want. The correct forum and available options depend on the issue and jurisdiction; a general disagreement does not automatically belong in a particular court or tribunal.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find litigation & disputes providers →Sort facts, evidence and unanswered questions
Write a brief chronology and attach references to the most important documents. Distinguish what you observed from what someone told you and what you infer. Include communications that do not support your position so the adviser can assess the dispute realistically. Keep originals and ask how to preserve digital material without changing metadata or access settings unnecessarily.
Compare pathways against your objective
You may need an explanation, payment, repairs, an agreement to stop conduct or a response to proceedings. Ask about direct negotiation, relevant complaint schemes, mediation and formal action. For eligible consumer problems, official consumer guidance can help identify initial complaint steps. A lawyer should explain which options fit your dispute and what information remains missing.
Know what representation includes
Confirm whether the engagement covers an opinion, correspondence, a hearing or ongoing conduct of the matter. Ask about filing fees, experts, counsel and the possibility of paying another party's costs where applicable. Record who monitors dates and who approves offers. A clear next-step plan is more useful than a broad instruction to fight the dispute at any cost.
Build a remedy-focused evidence table
A useful dispute summary links each requested outcome to the facts and documents that support it. If you want payment, show the calculation and obligation. If you want work completed, identify the agreed scope and outstanding items. If you need conduct to stop, describe the conduct and its effects. Mark evidence that is missing rather than presenting assumptions as proof. Ask whether the proposed forum can provide the remedy and whether the likely benefit justifies the cost and practical effort of the next step.
Compare the scope and cost of advice
Compare dispute services against the outcome and stage, rather than asking only for the cost of winning. A preliminary opinion, a letter, mediation and a hearing involve different work and risk. Ask for the assumptions behind the estimate, any possible other-party costs exposure and a decision point before the next stage. Keep the practical value of the proposed result visible throughout.
- Assess the position
- Ask what evidence will be reviewed, which remedies or forums are available and what uncertainty remains before substantial investigative or expert costs are incurred.
- Attempt resolution
- Confirm the scope for correspondence, offers or mediation, who can approve terms and whether advice on the final settlement document is included.
- Proceed formally
- Ask what filing, counsel, expert and hearing work is quoted, who tracks directions and when new evidence or an opposing response triggers a revised estimate.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
A homeowner disputes unfinished work and wants it completed. They separate the work specification, payments and defects, then ask whether the first useful step is evidence collection, a complaint or formal correspondence.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I have a dispute about [issue] with [party] in [location]. I want [specific outcome]. There is [a notice, hearing or no formal process yet]. Can you advise on the suitable pathway and the documents needed for an initial assessment?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about litigation & disputes
Do I need a lawyer before making a complaint?
Some complaint processes can be used directly. Ask for legal help where rights, deadlines, complex evidence or formal proceedings need assessment.
Should I contact the other party during the matter?
Discuss communication arrangements with your adviser, especially where proceedings, representation or protective orders affect contact.
Further reading and scope
ACCC: problems with a product or service
Australia; consumer complaint and remedy information, not individual representation.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.