Resolving Commercial Disputes - Checklist

Generally speaking, it is almost always better to find a commercial solution to resolve a dispute. Unfortunately, some disputes are unavoidable. If you find yourself embroiled in a dispute or potential claim, there are some practical steps to take to protect your interests or the interests of your business.

1. Firstly, get expert legal advice as soon as possible from a commercial litigation solicitor

a. You may have tried to resolve the dispute informally through emails, calls, meetings but things only seem to be escalating. Or a lawsuit may already be under way.

b. It is vital to contact a solicitor for advice from the get-go because you will need specialised advice on your legal position, the potential costs involved and the commercial implications of success or failure. This advice is assessed on a case-by-case basis.

2. Second, consider alternative dispute resolution methods (“ADR”)

a. ADR offers a less expensive and faster way to resolve legal disputes compared to formal litigation. Furthermore, ADR methods are confidential in terms of the details of the dispute and any settlement reached (as opposed to court proceedings which are generally made public).

b. Common forms of ADR are negotiations with the other party or using a neutral third party to assist through mediation or arbitration.

c. It’s important to have a solicitor assist you with this – to avoid saying or agreeing to something that may be used against you or your business at a later date.

3. Thirdly, be prepared to go to Court

a. Going to court is a last resort option and something that we at DA strive to prevent with our clients in so far as possible. Sometimes, however, there is simply no choice – the stakes are too high and both parties’ positions are too entrenched to avoid court proceedings.

b. It is important that you discuss the risks and opportunities litigation presents with your solicitor.

At Dragon Argent, we can help resolve your dispute whilst trying to help you achieve the best commercial outcome for your business. With our breadth of experience, it is likely that we have advised on a similar situation in the past and will use tried and true tactics and strategies for resolving the dispute as quickly and cost effectively as possible.

You can get in touch by scheduling a discovery call with one of our Litigation Solicitors to have an initial, complimentary discussion to understand how we may be able to help.