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Top Ten Tips for settling a dispute


If you are involved in a dispute then you may wish to settle it as quickly and efficiently as possible.  It is therefore important that you understand how to manage the dispute to reach a favourable outcome. In order to assist we have set out below ten points to consider and help you improve your chances of success. 

1)      What are the terms of the contract?

2)       Understand what your obligations are.  This allows you to apply more pressure in a claim and in negotiation.  If the terms are unclear or in doubt then this could be subject to attack.

3)       Keep records. If you agree something verbally follow it up with an email or letter so you have a written record of what is agreed.

4)       Negotiate in confidence and off the record.  If corresponding or making an offer which could affect your position at a later stage mark it without prejudice.

5)       Enter into discussions with someone who has the authority to make decisions (i.e a Director of the Company).

6)       If a sales representative or employee negotiates a contract in the initial stages makes sure that there is a full briefing note of the transaction.  Difficulties often arise in circumstances where the employee in question no longer works for the company which in turn can affect the strength of evidence.

7)       Don’t ignore a dispute, deal with it as proactively as possible.

8)       Consider alternative means of settling the dispute as opposed to launching into Court proceedings.  Court fees are continually increasing and therefore it may not be the most cost effective way forward.  In addition, the Courts want to know what efforts the parties have made to resolve the dispute themselves.

9)       Recognise and know the tactics of making and accepting the right offers.

10)   If a settlement is reached make sure that it is drafted properly.  Poorly drafted agreements can create further disputes so take advice.

 

For more information please contact Claire Bentick at Claire.Bentick@smesolicitors.co.uk

 

Added: 02 Nov 2016 12:56


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