21 July 2006

Litigation - fighting the war!

Jo Pennycook explores the steps that can be taken to give you the edge in a business dispute.

Of course, litigation should no longer be a war. Nowadays parties are encouraged to resolve differences through alternative dispute resolution procedures, for instance arbitration or mediation. Those advising you and your opponent will have a duty to explore ways of resolving your problems without resorting to lengthy court action. This can be cheaper; it will certainly be quicker!

Whether you press ahead with court action or seek to resolve your differences through alternative means it is always best to be prepared so that you can put your strongest case at any stage, as appropriate.

Firstly, you should always have a clearly defined contract and a perfect record of all aspects of the dispute!

Litigation can be a costly affair both in terms of your time spent away from your core business activities and in legal fees. Here are some suggestions as to how to make the litigation process as straightforward as possible and to put you in the optimum position either to win or at least to come out of the litigation with a satisfactory solution.

 

There are many key stages of litigation. The emphasis now is very much upon providing early information and detail to try and resolve the case. The more we have from you both in terms of background and objectives the more effective early communications will be.

The key to successful litigation is not only having a good case but being organised in its presentation. With good record keeping and frank and open discussions as litigation progresses you can develop an effective team with your lawyers to put you in the best position to make the litigation process as pain free as possible.