What is the dispute resolution process?

Friends set up in business, or you’ve joined a business where you know the other directors well and, of course, it all seems great at first. Yet as time moves on, like in any relationship, things start to niggle away at you. Until one issue just seems irreconcilable.

It’s then that the rot can really set in and what was once a friendly relationship has truly broken down now.

And in my experience, it’s emotion that becomes the driving force, and that’s never a helpful place to start to try to resolve things moving forward.

Below is a guide designed to answer some of the questions you may have as to the dispute resolution process.

Explaining the dispute resolution process in a nutshell

For the majority, taking the first steps to dispute resolution can be the hardest part of the process.

I have spent many years working with clients navigating difficult shareholder or partnership disputes, and I know that, all too often, those involved delay taking or turn to the wrong people for advice and live to regret it.

Dispute resolution and the legal process can be confusing. It may well be the first time you have faced something of this sort. To help I have prepared an “infographic” which seeks to explain what’s involved. You can get a copy here.

Instructing a barrister directly

You might also be surprised to know that you can engage a barrister directly instead of going through a solicitor. What does this mean for you? Well, it can streamline the whole process, giving you immediate access to specialist expert advice and will often save you substantial costs!

And on that note, while you might imagine your glorious day in court taking your business partner down, trust me, you really don’t want to spend the time and emotional energy, let alone the cost. Because of this my objective is always to seek a resolution without going to court wherever that is possible.

What you can expect from Andrew Marsden

You may not be familiar with working with a barrister – it may even seem intimidating. That is why I have also prepared an outline of exactly what you can expect when working with me. You can obtain a copy here.

Establishing an effective working relationship

Every client I work with and the situation that they face is unique. But, what they all want is a practical and commercial solution that works for them. A collaborative working relationship is essential to achieving this. It is very much a two-way process. The service I provide must work for you. To achieve this, I welcome open dialogue, regular review and feedback. When you engage a barrister to resolve your shareholder or partnership dispute, it’s essential that you establish a good working relationship with clear lines of communication from the outset.

Cost savings and other benefits in going directly to a barrister

How much will it cost? Here complete transparency is key. There is no excuse for unexpected fees or hidden costs. It is imperative to be clear, open and straightforward. I agree all fees in advance so that there are no surprise charges, and I bill regularly so you know where you are. Indeed, if your lawyer is unclear about the costs involved, this should be a “red flag”.

Unknown to many, it is very often cheaper to engage a barrister directly rather than going through a solicitor. Solicitor firms generally face large overheads, and those inevitably get passed down to you, the client.

There are also other savings to consider. Going directly to a barrister can avoid significant delays. It reduces the chain of communication. Fundamentally, if you have a strong position, you will know this quickly and can act accordingly. On the other hand, if your position is weak you can save yourself a great deal of time, trouble and money.

Engaging a specialist barrister from the very outset not only provides you with direct access to specialist advice but also ensures you avoid steps that might compromise the strength of your position further down the line. I will provide you with a clear “road map to resolution” on the best commercial terms possible.

Free 30 minute consultation

So how do you start the process to resolution?

I offer a free 30-minute phone consultation. You will probably have a host of questions and I should be able to answer many of them for you immediately. So, if you’re facing a breakdown in your business relations, if you’re embroiled in a shareholder or partnership dispute or if your fellow directors/shareholders or partners are behaving in an unfair or prejudicial way, please get in touch – an initial conversation won’t cost you anything so you’ve nothing to lose!