How can you achieve the best possible outcome in your dispute?
If you are involved in a dispute, don’t despair. Matthew Brandis from B P Collins explores the steps you can take to secure the best possible outcome.
Firstly, it is vital to have an initial call with an experienced dispute resolution lawyer to help identify whether you are going down the wrong path with your dispute, if it should be pursued at all, or, whether it would be beneficial to involve a lawyer in the process.
A large proportion of cases settle well before reaching the courts. This is primarily because there is no such thing as a dead-cert case for either party – therefore, settlement is usually the best solution. How that settlement concludes is down to a combination of factors.
- Your lawyer should write a strong opening letter. This could be a letter before action or a response to such a letter, explaining your side of things. Including evidence is key, so ensure that you pass all the relevant information to your lawyer – only then will they know what they are working with and also avoid any last-minute surprises.
- If the claim is above £10,000, your lawyer can write a “Part 36” letter. The rules around such letters are complicated but in summary they are settlement letters sent to the other party. The key point to note is that if a Part 36 offer is not accepted, and the party (the claimant) who made the offer gets more at court than they offered to accept in the letter, then the other party risks having to pay more in costs, interest and damages at the end of the case. A well-positioned Part 36 settlement offer can therefore conclude a case at an early stage because the other party may not want to risk such adverse consequences arising.
- It is important that you do not post anything on social media or contact the other party or their associates about the dispute, as it may undermine the strength of your case.
- It is worth considering mediation as soon as both parties have laid their cards on the table as it can be a powerful way to resolve disputes. Why? Firstly, it speeds up the whole settlement process because everyone is in the same (virtual or real) room, which usually encourages a swifter outcome (and therefore saves money and reduces stress). Secondly, there is often a large measure of bad blood between the parties, and it can be cathartic for each party to explain how they have been emotionally hurt by the other. Once explained, it is easier for both parties to look at a dispute more rationally.
If you’re involved in a dispute, B P Collins provides free initial advice by telephone to help identify the best path to take. It also runs www.settlemydispute.co.uk, which only handles mediation, and is operated by Matthew Brandis and Craig Williams, B P Collins’ dispute resolution partners and trained mediators.
For more information:
01753 889995