Good faith discussions between the parties can often defuse disputes before attitudes harden and more formal resolution is required. Mediation is one popular and effective alternative method. Courts increasingly encourage parties to use mediation, or other informal dispute resolution techniques, before a dispute is tried. If urgent or confidential resolution of the dispute is required, arbitration may be more desirable than litigating in the courts. In selecting the best tactics to follow, consider the dynamics and value of your relationship.
Litigation can be expensive and time consuming, and can ruin long term commercial relationships.
It should not be taken lightly. Of course, it can also signal the seriousness with which you view the problem, and evoke a swift and constructive response. If a more light-handed approach is justified in the circumstances, delegate to senior management the power to run the litigation, provided there is regular reporting back by management. The advice in this column is necessarily generalised. While we make every effort to ensure it is correct and practical, readers should always refer their specific circumstances to a lawyer.