Assessing prospects of success

Disputes can arise for a multitude of different reasons. Often these are "commercial" or personality-driven rather than legal. Understanding the commercial objectives is the bedrock of any dispute resolution strategy.

At an early stage many disputes can be resolved through negotiation. Therefore, prospects of success depend upon your negotiating strategy, as much as the merits of you legal position.

Contact us

If you are in business and you would like help with the following

  • developing a negotiating strategy;
  • assessing merits of your legal claim;
  • understanding mediation and other options,

please let us know and we will get in touch. You may call us or email us with further details for an initial assessment.

Key factors

One of the most important skills of a good dispute resolution lawyer is the ability to investigate claims and to assess the prospects of success of the client’s claim (or defence). Whilst this depends heavily upon factual and legal analysis it is also necessary to assess the potential impact of many other factors e.g.

  • the availability of witnesses;
  • the potential costs;
  • an assessment of the opponent’s position;
  • the attitude of the courts to claims of that type.

Dispute resolution strategy

Assessing prospects of success is one of the most important aspects of developing a dispute resolution strategy; however, it is important to appreciate that

  • Judges are human;
  • the law can be difficult to interpret;
  • the judge will determine what happened by listening to witnesses. Some are more credible than others.  

Therefore, however strong a claim might appear to be (whether it is your claim or a claim being pursued against you), it will be impossible to predict with absolute certainty the decision a Judge might make.  Nonetheless, it is often necessary to try to make a prediction as to the prospects of success, in order to map out a dispute resolution strategy.

Negotiation or mediation

A high proportion of disputes are capable of being resolved without going to a trial. Sometimes this can be done through negotiation, but if this fails, mediation is a useful option. The decision as to when mediation may be most appropriate may depend upon the outcome of further investigations. We strongly believe that clients should thoroughly explore these options before committing to the court process. Often the key factors which influence a settlement are not just legal and we can help you to explore these to improve your prospects of a successful outcome.

Additional Information

Negotiating essentials

Investigating claims

Time Limits for Bringing Commercial Claims