Dispute Resolution

Sometimes The DARP are engaged to resolve disputes once they have occurred and this is how we can help:

Choosing the appropriate process

If problems have escalated to the point that a formal resolution process is required, The DARP can advise on the various options and their relative advantages and disadvantages but always based on what is best for you as a business.

We will utilise our extensive experience in Dispute Resolution to help businesses bring about a cost effective and timely outcome. Our preference is always to avoid court, not only because it is a very cumbersome, expensive and time-consuming route with the conclusion being a dictated verdict dependant upon the interpretation of law, but also because the parties in dispute lose control of the process, cost and outcome. Mediation is our preferred alternative to court (although there are others) as it is confidential, flexible and time-efficient.

Mediation is also a party-focussed process, so the discussions are about commercial outcomes rather than legal points and the outcome could have no relevance to legal rights but will be centred on the commercial and personal needs of the parties and it can also include a multitude of items that are outside the court’s powers.

Assessing risk sensibly

Assessing risk is key at every stage of a dispute. Those in dispute should regularly consider and update predictions of best and worst-case scenarios, the cost in external fees and internal management time and the negative effects on the business' reputation and cash flow.

The DARP can help parties assess their commercial risk to a dispute and help structure bespoke solutions to minimise that risk and bring about a timely and cost effective resolution.

Developing effective strategies

Alongside the assessment of risk we work with businesses in developing layered strategies to deal with a dispute in order to get the best outcome in different scenarios. Our extensive and varied business experiences ensures a realistic and commercial approach and to ensure that the outcome to the dispute is focused on the short and long-term needs of the business.

Devising creative solutions

The DARP provides collaborative and facilitative solutions that achieve the best outcomes for parties to disputes. This often involves solutions that just are not possible in court or arbitration, where a decision is imposed based upon the interpretation of the law or contract.  The DARP believes that the best solutions can be obtained through effective communication and co-operation, recognising that the dispute is a joint problem that therefore requires a joint solution.

Rebuilding fractured relationships

There is no doubt that an adversarial approach to disputes aims for the minimum settlement. Parties want to give as little as possible in any deal, regardless of the frustration and animosity it creates; whereas working together in shaping a solution can generate generosity and respect, rebuilding the trust that disputes almost certainly lose. Co-operative and collaborative outcomes frequently help to rebuild business relationships which can only benefit businesses in the future and can even lead to new relationships between the parties that were in dispute being formed.

 

The DARP team are are here to help business resolve their disputes in a cost effective and time efficient way.