Business disputes often require urgent attention; they are an unwelcome diversion from what the business does best and they need to be resolved as swiftly and efficiently as possible. Whether this can be done may depend on the attitude of the other party (and your own). However, there are other ways of resolving disputes other than going through the courts. Structured negotiation, mediation, independent expert determination are all ways of avoiding the traditional court process.
It is important to identify and agree clear and realistic objectives at the outset and then determine a plan aimed at achieving those objectives. Once a dispute has arisen you are very unlikely to get back to the situation you would have been in had the dispute not arisen. Even if you are entirely successful there is likely to be a significant portion of your costs which will be irrecoverable.
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Legal Expenses Insurance
Increasingly these days, individuals and businesses are taking out insurance policies which provide cover for the legal costs of resolving a dispute. Many people are unaware that they have the cover! For example, it is not uncommon for household contents insurance policies to provide cover for employment claims. Cover will not be confirmed until a claim form has been submitted. The insurers operate their own panels of solicitors, but these are not always situated locally. If your solicitor has been advising you about the matter already and, in any event, once proceedings have been issued, you are entitled to ask that your own solicitor deals with the matter. For further information about funding litigation please click here to download our guide.
More information about…
- Alternative Dispute Resolution
- Commercial disputes
- How to resolve commercial disputes
- Shareholder and boardroom disputes
- Professional negligence claims
- Directors’ decisions in a private company
- Going to court
- Being sued
- Debt recovery
- Domain name disputes