Tim Creighton, Director, Charities Law
Business disputes can take many forms and be over many different aspects of a business including:
You may have a dispute with another business or someone may have a dispute with your business but either way, you will have to make a decision on what to do about the dispute. You do have a number of options to consider and it is important to factor in the impact on your business, both from the commercial dispute itself and the decision you take to resolve it.
First and foremost, you could try to resolve the dispute by speaking to the company you are in dispute with. Plan the call before you make it and identify your suggestions for resolution but be aware of the risks attached to such a strategy and that your attempt to resolve the dispute could actually make it worse.
Your next option is to consider alternative dispute resolution, also known as ADR. This encompasses all the viable options of resolving your dispute outside of a courtroom and includes remedies such as mediation, arbitration and conciliation. It has the benefit of being cheaper that litigation (most of the time) and of also being quicker to schedule than a date in court. Another major benefit of ADR is that the proceedings are carried out behind closed doors, rather than in the public arena of a courtroom. This can help to protect the reputation of your business, particularly if you are defending a commercial dispute.
You will need to get agreement from the other party to take part in alternative dispute resolution though, as it is entirely voluntary.
Once you decide that there is no other way to resolve your dispute other than going to court, you must consider the potential impact. If your business is high profile, there is no doubt that the case will be reported in the media and this has the potential of having a negative impact.
Make sure that you seek professional help from an experienced commercial lawyer as early on in the dispute as you can, as they will be best placed to discuss the legal elements of the dispute and to present you with a variety of options.
For more information about this article or any aspect of our business legal solutions, please call us on +44 (0) 28 9077 4500 and we will be delighted to help you (there is no charge for initial telephone discussions).
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