Dispute Resolution and Commercial Litigation

Commercial disputes can develop quickly for a vast number of reasons.  Usually, a dispute arises when one party has failed to perform or deliver what was agreed upon within a business contract.  This can create an unfair playing field or cause potential harm to other parties within a contract.

Other common examples of causes of commercial disputes include:

• Disagreements between stakeholders over an equal and fair splitting of profits amongst all interested parties 
• One partner or stakeholder makes a decision to misappropriate funds or use funds without consulting others involved in a contractual agreement 
• Disagreements over an equal and fair division of assets when a business partner decides to exit from an agreement or contract
• Intellectual property infringement involving copyright and using designs without permission or consultation
• Shareholders oppose one another regarding the best strategy when creating a business plan or deal

No matter your dispute type, it’s imperative that you have the appropriate representation and the right tools in place to settle the conflict before it escalates.

The practitioner will first analyse whether the issue must be immediately elevated to litigation. If this isn’t necessary, the focus will shift to resolving the dispute in a timely and cost-effective way mutually beneficial for all parties.  The critical methods of dispute resolution are negotiation, mediation, arbitration, and finally litigation. 

• Negotiation is often the first step and involves direct communication to attempt to reach an agreement.  Practitioners can assist with drafting letters and other documents at this stage.
• Mediation is the process of an impartial practitioner assisting all parties to negotiate and reach a resolution.  A decision reached by mediation is not binding.
• Arbitration is a process where disputes are presented to a practitioner, and decisions made are legally binding for all involved.
• Litigation happens when no resolution can be reached, and is conducted through the court system. 

The method of resolution that you land on will depend on the type of result that you’re after. Usually, the most efficient and cost-effective way to maintain a working business relationship is to resolve matters outside of court.