Business disputes can be costly and emotionally draining, whether they end up in court or not. These disputes often arise from:
-
- Lack of clear documentation in the relationship or arrangement between parties.
- Poor management of the relationship details, especially regarding deliverables by one or both parties.
The best way to avoid business disputes is to properly document and manage arrangements, despite the associated costs.
Client Statement
The primary role of a Litigation Lawyer is to understand their client’s perspective on the dispute. This begins with constructing a statement that outlines the chronological sequence of events from the start of the relationship to the day the client seeks legal help. This statement should include all relevant correspondence and documents that the client relied upon when entering the disputed arrangement.
Clients involved in business disputes should, if possible, draft their statement and send it to their Litigation Lawyer before their first meeting. If multiple statements are needed, each should be made independently to avoid collusion.
Preparing these statements can be time-consuming and expensive.
Opinion
Once the Litigation Lawyer has a comprehensive understanding of the facts, they can provide an opinion on the strength of the client’s grounds for resolving the matter.
Options
Based on the strength of the client’s position, the Litigation Lawyer will advise on the best course of action, which could include:
-
- Withdrawing from the dispute.
- Continuing negotiations to settle.
- Utilizing dispute resolution provisions in the contract.
- Proposing mediation with the other party.
- Filing proceedings with the relevant Administrative Appeals Tribunal or courts, potentially including interim orders, injunctions, or undertakings to resolve the matter.
Costs
Given the high cost and lengthy duration of court proceedings, it is often advisable to settle business disputes through alternative methods rather than resorting to courts or tribunals.
It’s also important to remember that no court or tribunal action guarantees success, and there is a risk of costs being awarded against the losing party.
Contact Me
If you’re facing a business dispute, don’t navigate it alone. Contact Jim Wilson, an experienced Litigation Lawyer, for a chat today. He can guide you through the process and help you find the best resolution for your situation. Even better, Jim will travel and meet you wherever is most convenient.