“My business is in dispute with another company. How can we avoid court?”

It’s almost impossible to navigate the commercial world without getting into the occasional dispute. Business relationships, whether with customers, suppliers, competitors, are tested from time to time. And unless handled properly, these situations can become a major distraction, at best. At worst, they bring businesses to their knees.

Of course, some disputes may be easily resolved by a frank conversation or a well-worded email. But what about those more complex contractual situations, or where each party’s position is so strongly held that a brick wall looms?

While the court remains essential in resolving some disputes, it shouldn’t usually be the first port of call. It can take a long time for a case to go to trial and a tremendous amount of preparatory work is needed. And while time and cost are two major downsides to court, the pressures involved also take their toll on businesses and their employees.

So, what are some alternatives to court?

Negotiation

Setting out the terms on which you would be prepared to settle the dispute can be an important first step to take. While negotiation could happen in person or in writing directly between you and the other party, it’s common for correspondence to be sent by dispute resolution solicitors who are skilled in the legal tactics and in securing the best deal.

Mediation

Mediation is the process of resolving a dispute with the help of an independent third party. The mediator doesn’t impose a solution; instead they encourage the parties to cooperate with one another to reach an agreed outcome.

Expert determination

Where there is a technical issue at the heart of a dispute, the parties can ask an expert to decide the outcome. It can be extremely useful in helping the parties reach an overall resolution.

Arbitration

Arbitration is similar to the court process - an arbitrator hears each side and reaches a binding decision. But, unlike court, arbitration offers a relatively quick route to dispute resolution. It also offers confidentiality; hearings are held in private.

If you find yourself in a commercial dispute, or heading towards one, it’s important to get specialist legal advice as soon as possible. Lawyers like us steer the process in the right direction so that, wherever possible, things are kept away from court and resolved as quickly and inexpensively as possible.

Contact our Business Dispute Resolution team to find out more on litigation@bsandi.co.uk or call 01264 353411.