Consider your position honestly
It’s easy to convince yourself that this dispute has arisen through no fault of your own and deflect all the blame onto the other party, but to avoid mud-slinging, a delayed response and a lot of spent money later, check your case thoroughly by looking at exactly what happened via documents and conversations. If you have a written contract, review it to see if there is mention of what to do if a dispute of this nature arises. If a written contract between you and the other party does not exist, the law may imply contractual terms so make sure all correspondence and actions are reflective of the business relationship.
2. Ideal Result
Before you embark on lengthy discussions, an ongoing dispute or multiple trips to the solicitor’s office, think through what you hope to achieve. Deciding whether you would just like this to disappear and are happy to apportion blame or negotiate, or if you feel that this should be taken to court, will influence your decision. It may be that you decide the commercially aware and smart decision is to reduce loss through optimising recovery rates.
3. Know the Other Party
Once you’ve gained clarity and confidence over your own personal position, do the same with your opponent. What do you believe their intentions will be regarding pushing this claim further? Will they have a similar mindset and perspective as you? Do they have increased resources to throw at a dispute? Or, are they in a weaker position?
Asking these questions and considering these factors will enable you to decide your approach and angle and will help you to position yourself during negotiations.
Knowing from the outset how much a potential dispute may cost increases your knowledge and awareness. It will help you make intelligent decisions and avoid any nasty surprises relating to costs. Adopting a SWOT analysis of the case will help you formulate a clear strategy and direct you to which course of action is going to be the most beneficial for your business.
5. Planning Makes Perfect
Once you’ve considered all of these factors and sought legal advice on them, it is now time to plan your campaign as best you can from start to finish, in line with everything you know. Resolution can happen at any point of the dispute and may be most effective through dispute resolution or mediation as opposed to court proceedings, so don’t rule out this option. Remember, each case is different and so tactics and strategies will vary depending on your aims, position and goals.
It's really important you get the right advice from a professional business dispute lawyer or property litigation solicitor if you're having problems with a certain dispute. Ensure you get the right help by choosing Guillaumes LLP.