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Dispute resolution for businesses
Business and Corporate Dispute Resolution Legal Advice
Disputes are a drain on resources you could do without.
They can also be stressful and risky if they go wrong.
If you’ve experienced any of the things below, you’ll know what we’re talking about:
• Employee issues
• Late payments or non-payments from customers
• Suppliers who let you down
• Business Contracts that go wrong
• Shareholder disputes
• People stealing your secrets or ignoring your rights
How can LawBite’s dispute resolution lawyers help?
Our dispute resolution lawyers can provide you with expert guidance and reassurance, whether you or your company are bringing or defending any legal claim notified under the relevant Pre Action Protocol or if issued in the civil Courts (‘Litigation’).
We can help with business dispute resolution and private dispute resolution advising on the relevant legal issues through to compliance with the relevant Pre-Action Protocol and representing you in court litigation. Our expert dispute resolution team will review prospects and advise on strategies to resolve the dispute at a reasonable cost.
Our dispute lawyers comply with the Solicitors Regulation Authority (SRA) Standards and Regulations regarding requirements to notify clients of the likely cost of proceedings and funding options including Third Party Litigation funding.
Alternative Dispute Resolution (‘ADR’) methods don’t involve the civil Courts and are intended to be cheaper, faster and less formal. Our corporate dispute lawyers will always consider this option as an alternative to costly court litigation as the parties are free to tailor the process to suit their needs and reach settlement on a confidential basis whilst maintaining positive business relationships.
Mediation is a process whereby a neutral mediator is appointed by the parties’ dispute resolution lawyers to assist them to facilitate a settlement agreement. The process is entirely confidential and can resolve the dispute before either party turns to litigation. Our dispute resolution lawyers will identify and agree a suitable mediator and guide you through the process.
Early neutral evaluation (ENE) and Expert determination are other forms of ADR. The dispute resolution solicitors appoint an independent person to provide a non-binding opinion on the merits (ENE), and, in Expert Determination, an expert is appointed to determine an issue, usually of a technical nature. This is particularly useful if an expert opinion may help break the deadlock.
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- An arbitrator is appointed to decide your dispute
- The arbitrator is often an experienced expert rather than a judge who may know nothing about your industry
- The arbitrator manages the process – which is either done by documents-only or could include a hearing
- The arbitrator is not bound by the formalities of normal court procedure
- You and the other party are bound by the result and it is easier to enforce than most other proceedings and internationally binding
- A trained mediator is appointed to try to facilitate a settlement of your dispute
- The mediator is neutral and doesn’t represent either side
- The mediator manages the process – often a series of meetings between the parties spread over one day
- Mediation is successful 75% of the time, saving time, money and stress
- But it is always your choice as to whether or not to settle
FAQs about Dispute Resolution
What is meant by dispute resolution?
Dispute resolution is an all-encompassing term for the process where two or more parties disagree with each other for whatever reason and they have engaged third parties, such as solicitors or the County or High Court to resolve the dispute. The Dispute Resolution process could include simple telephone negotiations, round table negotiations, mediation, expert determination, early neutral evaluation, arbitration, adjudication, tribunals, Ombudsman Schemes and more traditional litigation through the civil Court system.
What does a dispute resolution lawyer do?
Dispute resolution lawyers assist, guide and advise their clients during the dispute resolution process. The rules by which the parties must conduct dispute resolution depends on the form they choose and these rules are often very complicated.
In some cases, the law that applies to the facts can be equally complicated and making a mistake on the law or the rules can be costly. Dispute resolution lawyers strive to get the best possible outcome for their clients whilst remaining within the rules and the applicable law. Every case raises different issues of fact and law.
What are the methods of dispute settlement?
In most cases, our dispute resolution lawyers are able to achieve a settlement before the dispute gets to an expensive court trial. Settlements are most often reached in round table negotiations or during mediation and it is best practice to have the terms of the settlement recorded in writing in a Settlement Agreement.
How do you settle a legal dispute?
A settlement is reached when both parties agree on its terms. Quite often dispute resolution lawyers on both sides play a vital role in helping the parties reach the settlement by pointing out to their clients the weaknesses in their own case and the strengths in the other party’s case.
How do you resolve a contract dispute?
Contract disputes almost always revolve around the interpretation of words of the contract. Some contracts are poorly drafted or the meaning may be unclear. Unsurprisingly, each party may interpret the words in such a way that best suits them. The answer to this is to have an independent third party, standing on the outside, interpret the words. This person could be your own lawyer or an Adjudicator, Arbitrator, Ombudsman or ultimately a judge sitting in a Court. Where there is a contractual dispute our expert dispute lawyers will review the terms and advise on the prospects of success.
What is a dispute resolution clause?
Today we have various different forums for having disputes between parties determined. For example, the parties can turn to mediation, arbitration, adjudication, tribunals, ombudsman schemes or the Courts. A resolution clause in a contract gives the parties an opportunity to decide between them at the outset which forum they think will be best suited to determine a dispute between them if one arises later. Such a clause also gives certainty to the parties should a dispute arise. Some clauses require parties to explore mediation or ADR before any court action.
Is it better to settle out of court or go to trial?
The short answer is “yes”. Not least because you know for certain the outcome which you can control but also because the Court should only be used as a last resort. Going all the way to a final court trial could be costly and time consuming not to mention that the outcome is always uncertain. We will instruct a suitable Barrister to represent you if you propose to go to trial given the costs implications if you lose.
Why use LawBite?
We're experts in Dispute Resolution - fully regulated and experienced UK Lawyers
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How can LawBite help?
Our LawBriefs can provide expert guidance and reassurance, whether you are bringing or defending a legal claim, or resolving a dispute using Alternative Dispute Resolution (ADR) methods like Mediation and Arbitration.
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We can't thank you enough for all of your help with this… I'm very impressed with the serviceSteven Wintercroft
WINTERCROFT DESIGN LTD
A very smooth and efficient process. Will definitely use your services again.Sharon Dixon
FIONA HARROLD COACHING
"I made the amendments that Louise suggested and I'm very happy with the changes. Your service is great and I will definitely be using you in the future."Adelle Doughty
WHITE LIGHT PR