Resolution of Business disputes is a key issue that I discuss with my clients and contacts on a regular basis.
We've all been there. You meet a new business contact and you get on really well. You discuss some business and decide to take things further. Everything starts out well and then at some point in the future, things start to go wrong. Perhaps you haven't been paid or maybe you're simply not getting the level of service that you've been promised.
So ..... What can you do?
Here are three tips for how you can resolve your business disputes without having to go to Court.
1. KEEP TALKING
If your communication channels are still open then this is your best way forward. Meet for a coffee to talk things through. Make that telephone call. Have a meeting. Show that you are willing to talk. This is particularly effective in the decade of email where people. Remember to keep a note of what was discussed and/or follow up with an email.
2. CHECK YOUR CONTRACTUAL RIGHTS
You have got a written contract right?
If you haven't, then contact us to find out how the law sees the situation.
If you have got a written contract (formal or informal) then now is the time to read it!
A well drafted contract will anticipate things not going so well and will specify what to do when things go wrong. Your contract might for example:
a) dictate that the dispute needs to be elevated to senior managers;
b) require you to go to mediation
c) allow you to suspend the provision of your services;
These are all considerations I often include in contracts for my clients.
3. ASK US TO HELP YOU
We've helped a number of our clients with their disputes without having to go to Court.
Sometimes we just clarify your legal position and suggest a course of action that you yourself can take.
However, we are willing to get directly involved and represent you to help resolve the dispute and negotiate a settlement agreement for you.
This will avoid the necessity of formal (ahem .... read "lengthy, emotional and expensive") Court proceedings. At Law School I remember being taught that 95% of cases settle..... but in practice, I found that it was closer to 97%.
Occasionally - there will be the odd stubborn dispute and if you find you do have to go to Court - we can recommend debt recovery agencies and litigators who will be able to assist in these circumstances. If its a straightforward debt recovery situation and you have good evidence, take a look at www.moneyclaim.gov.uk
Hopefully you won't have any disputes this year, but if you do and want to avoid going to Court, call us so we can discuss how we can help you resolve your dispute today.
Contact us at firstname.lastname@example.org or on 020 8263 6063 so you can share the burden of that dispute!