Dispute Resolution

Inevitably, disputes arise. When they do, Azrights will find the most appropriate and cost effective way to help you conclude it. We focus on solutions, not problems, and with a clear understanding of your objectives, we will help you to achieve the desired result.

Where possible we will consider alternative methods of dispute resolution with you, such as arbitration, mediation, and direct negotiation. The nature of the relationship between you and the other party may suggest the course of action for resolving your dispute.

Mediation is certainly worth trying at some stage, even if traditional means of litigation is necessary to resolve your dispute. When mediation works, it has the added bonus of helping preserve the relationship between you.

In other circumstances our other dispute resolution services may be more appropriate for dealing with your dispute.

Tips for reducing the likelihood of disputes

To reduce the risk of litigation aim to record the important terms of your business contracts in writing, so there is clarity about duties and obligations. A verbal agreement is no less binding than a written one, but is more likely to lead to mistaken assumptions or inappropriate expectations, which might blow up into a full-scale dispute later, when you are too committed to the relationship to be able to extricate yourself easily. Such disagreements can be disproportionately costly and time consuming to unravel because of the need to first work out what each party's contractual obligations are - that is what was actually said and agreed.

If a contract is oral rather than written, then working out its terms involves revisiting the past to recall who said and did what and when. If the parties' memories of the facts do not coincide, then ultimately it is for a court of law to decide what the contract actually said. The court would do this by hearing evidence, and reaching its own conclusions as to whose version of events to believe. This would be an extremely expensive, stressful and time consuming way for the parties to proceed, and even the party that 'won' would end up losing.

Although there is the risk if you start out by trying to record your agreement in writing, that the very process of discussing minutiae may result in a serious disagreement, it is actually far better to risk a fall out, than to tiptoe into the relationship only to discover later on that you are totally at odds, and incompatible.

However disappointing it may be to see a hoped for business relationship founder before it has even begun, you are far better off to flush out problems at an early stage, and avoid taking the realationship further, than proceeding with an unsuitable business partner.