Disputes are commonplace in both our business and personal lives.
They may be with business partners, suppliers, customers, employees, family or neighbours.
How quickly and economically they are resolved can be critical to the short or even long-term prospects of a business or the damage done to your bank account and personal relationships.
That’s why the top priority should always be keeping any dispute out of the courts where long and costly battles can suck valuable time, energy and money out of you or your business.
Consider whether you seek an outcome with minimal damage to your reputation or brand or wish to enforce a resolution which may ultimately fracture any future dealings with the other party.
When involved in any dispute, it is advisable to follow a number of guidelines to help resolve it quickly and effectively.
Gather the facts and evidence
Keep a record of all the facts leading up to the dispute.
This should include dates, times and any evidence supporting your claims potentially including photographs or video, signed agreements or contracts and prior correspondence.
Assemble your facts in chronological order, highlighting the most relevant facts.
Keep calm and be objective
Don’t resort to name calling, finger pointing or abusive language.
Remain controlled and courteous at all times. Try to see the dispute from the other party’s perspective.
Be prepared to negotiate
Try to consider what may be an acceptable outcome to both sides, even if it means you have to concede some ground.
This should include a list of concessions you are prepared to make and may have the bonus of preserving future business dealings and relationships.
Consider the cost of failing to reach such an agreement.
Open dialogue with the other party
No resolution can be reached without talking so reach out to the other party to make a peace offering.
Minor matters may be settled with a phone or video call while more serious disagreements may demand a face-to-face meeting.
Remember to listen as much if not more than you talk.
Remain pleasant and in control at all times and don’t raise your voice.
Ensure you are dealing with someone who has the authority to agree to any arrangement.
If a resolution is reached, ensure it is in writing and that both parties have a copy.
Put your grievances in writing
Should you remain at an impasse, you should formally put your grievances in writing and send them to the other party.
Choose your words carefully.
If you haven’t already done so, now is an excellent time to engage the services of a legal professional.
This is because any claim against another could be used in court against you if the matter remains unresolved.
Detail the issues in dispute, the previous steps you have taken to resolve the matter, the desired outcome and the time frame required for a peaceful resolution.
It may also be prudent to attach any evidence you have that supports your position.
Seek alternative dispute resolutions
If you are still unable to resolve the dispute, all is not yet lost.
You will have used only the first of five alternative dispute resolutions (ADR).
But if you are not already consulting with a lawyer, the time is now ripe to do so.
There are five different methods you can use in an attempt to keep any dispute from sinking to a protracted court battle.
Negotiation – Writing or speaking directly with the other party is the first step to resolving any disagreement. It keeps things discreet between the protagonists because it involves no third party. It costs nothing except a little give and take.
Mediation – This is where you can engage the services of a neutral third party, sometimes known as a ‘dispute resolution lawyer’. The mediator can help both sides reach an acceptable outcome with all negotiations held in confidence.
Facilitation – Similar to mediation but on a grander scale, this is used when it involves issues that affect multiple stakeholders with a number of views requiring consideration. A ‘facilitator’ acceptable to all parties conducts the process.
Conciliation – Can be used when a neutral third-party is needed with specialist skills and knowledge in a complex dispute where the conflicting parties may need to observe their obligations or have their rights acknowledged. This may include matters regarding selection, eligibility, discrimination or disciplinary hearings. To be effective, all parties must agree to adhere to the conciliator’s decision.
Arbitration – The most formal process short of a courtroom, run by highly qualified lawyers, who arrive at legally enforceable and binding decisions. Can be used for any type of dispute including anti-doping and appeals.
Contact us today
No-one wants their dispute to end up in court.
Seeking legal advice early in any dispute can not only help avoid costly legal action but also help facilitate a speedy resolution to any conflict.
An experienced lawyer with the right temperament can provide the best advice to protect your rights but also prevent unnecessary escalation.
If you or someone you know wants more information or a free initial consultation about the options available to you, please contact us on 0401 234 710 or email [email protected]
The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.
Legal matters referred to on this website are of a general nature only and are based on Nicholas Boswell & Co Lawyers’ interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time.
Contact us now for a no obligations discussion about your needs.