#PartnershipDisputes #BusinessDisputes #Mediation

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What to do if a dispute arises?
Generally speaking, it is almost always better to find a commercial solution to resolve a dispute. Unfortunately, some disputes are unavoidable. If you find yourself embroiled in a dispute or potential claim, there are some practical steps to take to protect your interests or the interests of your business.

1. Firstly, get expert legal advice as soon as possible
a. You may have tried to resolve the dispute informally through emails, calls, meetings but things only seem to be escalating. Or a lawsuit may already be under way.
b. It is vital to contact a solicitor for advice from the get-go because you will need specialised advice on your legal position, the potential costs involved and the commercial implications of success or failure. This advice is assessed on a case-by-case basis.

2. Second, consider alternative dispute resolution methods (“ADR”)
a. ADR offers a less expensive and faster way to resolve legal disputes compared to formal litigation. Furthermore, ADR methods are confidential in terms of the details of the dispute and any settlement reached (as opposed to court proceedings which are generally made public).
b. Common forms of ADR are negotiations with the other party or using a neutral third party to assist through mediation or arbitration.
c. It’s important to have a solicitor assist you with this – to avoid saying or agreeing to something that may be used against you or your business at a later date.

3. Thirdly, be prepared to go to Court
a. Going to court is a last resort option and something that we at DA strive to prevent with our clients in so far as possible. Sometimes, however, there is simply no choice – the stakes are too high and both parties’ positions are too entrenched to avoid court proceedings.
b. It is important that you discuss the risks and opportunities litigation presents with your solicitor.

At Dragon Argent we can help resolve your dispute whilst trying to help you achieve the best commercial outcome for your business. With our breadth of experience, it is likely that we have advised on a similar situation in the past and will use tried and true tactics and strategies for resolving the dispute as quickly and cost effectively as possible.

You can get in touch by scheduling a discovery call with me to have an initial, complimentary discussion to understand how we may be able to help.
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About Dragon Argent:
At Dragon Argent we have specialist litigation solicitors with extensive experience in commercial litigation and alternative dispute resolution, managing wide-ranging disputes from multimillion transnational claims to domestic disputes between start-up co-founders or industry professionals.

Our litigation and dispute resolution solicitors are here to help you in a variety of services, including but not limited to:
• Business disputes
• Shareholder and partnership disputes
• Breach of contract and equitable claims
• Intellectual property disputes
• IT, data protection and privacy disputes
• Multi-jurisdictional disputes
• Misrepresentation claims
• Negligence claims
• Fraud and asset recovery
• Alternative dispute resolution
• Mediation and arbitration service

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IMPORTANT INFORMATION: This video is published by Dragon Argent Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (March 2022), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.

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