In any dispute there are several choices for resolution, litigation, arbitration, adjudication (predominately within the construction world) and mediation. Save for adopting a practical commercial approach or using mediation, most forms of dispute resolution are determinative in nature. A pre-determined and often protracted process will ensure a third party will decide and this decision will be imposed upon you. This almost always occurs at great expense in terms of money and time in a highly charged, restricted and stressful environment. This also generally leads to a binary outcome.
Conversely adopting a practical commercial approach which allows the parties to try and negotiate a settlement between themselves is generally the best option. If this proves impossible, then the use of a skilled mediator who has relevant experience and detailed knowledge of the subject matter in dispute is likely to be in your best interests. Taking a litigious stance should really be your last resort. As commercial parties are generally sophisticated, pragmatic and rational, settling a dispute is routinely the preferred option for all parties (even if they don’t necessarily suggest this openly).
Adopting a commercial approach to disputes does not mean being weak or conciliatory. It means taking sensible, practical and commercial decisions based on the particular circumstance in which you find yourself. Accepting the reality of your position in the dispute is often the first step towards resolution. If done professionally and with objectivity it can even assist in preserving business relationships.
In order to protect your position, discussions can often occur without prejudice to any litigation process that may occur in the future or which may run in parallel. Taking a flexible, adaptable and prompt approach to dispute management is likely to pay dividends so you can settle dispute quickly and efficiently allowing your focus to return to running and growing your business.
With my experience and knowledge, I am ready to assist you with your disputes and I will work hard to resolve them in a timely, efficient and professional manner. For further details on my background and experience, please click here.
The quality of our lives depends not on whether we have conflicts, but how we choose to respond to them.