If you are involved in a commercial dispute, whether you are the one being taken to court or you have issued proceeding against someone else, you will consider the question of whether to instruct a solicitor or not.
In most cases, you will already have tried to resolve the dispute on your own. This probably involved telephone conversations, letters and other methods of communication to bring the dispute to an end. However, if communicating on the issue has not worked, what options do you now have and do they involve using a solicitor?
You may decide that you want to look at alternative dispute resolution, also known as ADR. ADR is formed by a number of different dispute resolution mechanisms, however arbitration usually works well in commercial disputes. An arbitrator will hear evidence from both parties about the dispute and make a decision based on the facts. The arbitrator’s decision is usually legally binding and as a result, getting legal advice about the nature of your dispute, the chances of success and the implications if you lose, is a must. In fact your solicitor can represent you through the arbitration process and help you to decide if you are going to appeal the decision in court if you lose.
If you don’t want to use arbitration or the other party will not agree to it, you may have no other option than to go to court. In these circumstances, facing the prospect of a court case without a solicitor to represent you, would be a big risk.
Commercial disputes are often complex and involve niche and specialist areas of law – if you were to try to resolve your dispute without a solicitor, you could be missing a way to dismiss the case or be proceeding with a case you have no chance of winning – either way, this will not be a good outcome for you and your business.
Deciding on the best solicitor for your business can help you to feel that you have made the right decision to instruct someone. Find a solicitor who can understand your business, has experience in commercial disputes and who you trust. Spending the time and money to instruct a solicitor as early as possible may help you to resolve your dispute more quickly and avoid going to court.
If you would like to know more about how we can help you to resolve your commercial dispute, please contact one of the team now – we are happy to help. You can call us on 020 7490 5861 or email us on firstname.lastname@example.org and we’ll be in touch shortly.