At the earliest possible opportunity after it becomes apparent that there is a matter which is or is likely to become a dispute. The earlier advice is sought the sooner a party can be advised of their strict legal rights and position and take a commercial decision based upon this advice and the options open to them. The earlier in the dispute the more options there may be and it is often possible to head off disputes altogether if advice is taken early. Even if this is not possible, it is usually easier to resolve issues satisfactory if they are addressed early, often before any significant loss has been sustained by either party to the dispute and the parties’ positions have become entrenched. Steps to mitigate any potential loss can also be put in place at an early stage where necessary. Delay may prejudice your position and you may inadvertently take steps which damage your position.
A clear strategy can be determined in respect of any dispute which it can be foreseen is not or is not likely to be resolved without some form of dispute resolution being undertaken or some form of extended negotiation. There is more chance of a successful outcome the sooner the problem is addressed and addressing the dispute sooner rather than later often results in saving costs.