Commercial dispute resolution

A commercial dispute is the legal and strategic process of resolving a disagreement between businesses or commercial parties. These disputes can be about contracts, partnerships, intellectual property or financial losses.

The aim is to get a resolution that protects your business interests, whether through negotiation, mediation, arbitration or court.

We deal with a wide range – from contract breaches and shareholder disagreements to professional negligence and business interruption claims.

The process starts with identifying the issue and assessing the financial and legal risks. Then comes informal negotiation or mediation.

If that doesn’t work, parties may go to formal arbitration or court. Throughout, expert evidence – like forensic accounting analysis – can be crucial in supporting your position.

This varies depending on the process (litigation vs mediation), but we can advise on likely timelines and stages based on experience.

If the dispute involves a financial element – like loss of profits or valuation – an expert report can clarify your position and strengthen your case.

Mediation is a non-binding facilitated negotiation, while arbitration is a private, binding adjudication process. Both offer alternatives to court.

An example of a commercial dispute might be a breach of contract between two companies. For instance, if one party doesn’t deliver goods or services as agreed, the other can claim for financial losses.

Other examples are shareholder disputes, professional negligence claims and business interruption issues.

There are three types of dispute resolution – negotiation, arbitration and litigation.

• Negotiation is an informal process where parties agree between themselves.
• Arbitration is a neutral third party who makes a binding decision.
• Litigation is the formal court process to resolve disputes.

Mediation is also used as an alternative to help parties reach a voluntary settlement.