Mediation and negotiation

Ramrattan S Bhambra
LL.B. (Hons) LL.M.
0113 320 5000
business@winstonsolicitors.co.uk

"I am just writing to express my sincere thanks for your services extended towards myself"

Court proceedings are sometimes the only way you can resolve a dispute, but those proceedings are expensive, time-consuming, and the outcome may be uncertain and beyond your control.

Fortunately, most disputes, if handled intelligently and creatively, can be settled without litigation.

Many commercial disputes are between trading parties (for example suppliers and purchasers); others are between partners, or shareholders in a company.

In most of these cases there are good reasons for the disputants to preserve their relationship with each other.

The remedies available through Court are limited, and may not be what either party really wants. Whereas a Court might order one party to pay a sum of money to the other, or order an injunction to stop one party from selling a product, it may be that what both parties would really want is an improvement in their business relationship.

This can often be achieved through negotiation.

To negotiate successfully it is vital to know what the main issues in the case are, and to be aware of the probable outcome of the dispute if it went to Court.

Our approach is to focus on the real issues for your business from a commercial perspective. The objective is to secure a “win-win” solution and a comprehensive settlement.

Sometimes, unfortunately, the relationship between the parties is so strained that it is not possible for them to sit down together in face to face negotiations.

In these situations Mediation can be the solution.

Mediation is a form of assisted negotiation, where an independent mediator assists the parties to resolve their dispute. The parties and their legal representatives are in the same building, but in different rooms, and the mediator moves from one to the other, in a form of shuttle diplomacy.

Most cases going to mediation do settle!

Related services:

• Civil Litigation
• Business Law
• Company acquisitions, mergers or sales
• Employment law and HR issues

Further information

To speak to a member of our business team, in confidence call 0113 320 5000.

Or email us directly on: business@winstonsolicitors.co.uk