At Macalister Mazengarb we are often involved on behalf of clients in dispute management and resolution. We believe that most disputes can be resolved successfully through negotiation and, in some instances, mediation. More and more frequently clients are recognising this and for this reason we believe that the inevitable trend is that disputes which typically, in previous times, would have resulted in expensive, stressful and time-consuming litigation proceedings are now being resolved successfully out of Court.
In our view, it is our in depth understanding of our clients’ businesses and their overall objectives (which we gain through our involvement in non-contentious matters) which is often important in achieving the best outcome in disputes. Whilst access to well-resourced and experienced litigation expertise may become important if the matter ends up in Court, it is not always the most important component in achieving a successful resolution.
That is not to say that disputes never reach Court. Inevitably, some disputes because of their very nature will not be able to be successfully resolved out of Court and in these instances we will work with one or more of the barristers with whom we have built up good working relationships over a number of years. In today’s world, legal expertise (especially in litigation) is becoming more and more specialised. For this reason we believe that the most economic and effective way of dealing with a client’s dispute is for our firm (who knows the client’s business well and invariably will know the background to any particular dispute) to work with a barrister or QC if it comes to Court proceedings. This has worked well and resulted in many positive results for our clients.
Recent dispute management and resolution experience includes:
- Acting for a Government department in a protracted negotiation culminating in mediation preceedings in relation to various commercial and intellectual property-related matters;
- Employment-related disputes;
- Franchise and licensing disputes;
- IP and IT-related disputes generally;
- Leasing and commercial property disputes;
- Partnership disputes;
- Mortgage broking disputes;
- Property and boundary disputes; and
- Shareholding disputes.
For further information please contact David Greenslade.