Television shows and films portray court rooms as very serious and intimidating places. I can confirm the accuracy of this. The legal system should never be used casually and, as such, court cases proceed with the utmost severity.
However, court is not the only place to settle disputes, especially in construction. Therefore dispute resolution does not have to come with the same sense of dread. In fact, alternative dispute resolution (ADR) methods are becoming preferred because they differ from the “stuffy” and “unapproachable” courtroom environment.
The issue that still remains is when this alternative resolution should be sought. Does a situation need to reach a crisis point before seeking legal advice? Absolutely, not. However, as I have already stated, the legal system should not be used casually.
So, what legal aid is available to you before a dispute has even occurred?
What legal advice is available to you prior to a dispute?
No one starts a project or enters an agreement expecting a dispute to arise. This is part of the problem. I am not suggesting that you expect the worst but dispute resolution should be in mind when drafting the necessary contracts for a project to go ahead.
Contracts and commercial agreements provide a clear framework to govern a commercial transaction or relationship. For this reason, they will include the distribution of rights as well as the risks and obligations.
Most believe the purpose of contracts is to act as an agreement and guide for the project to begin and reach its completion. While this is true, should a dispute arise, contracts also act as a blueprint for dispute resolution.
Therefore, including a barrister who can provide legal advice during the drafting/negotiation stage will ensure you are prepared for all outcomes. Do not wait for a dispute to happen before involving a legal expert. While it might seem tempting to save money, it will cost you dearly down the line if these initial steps were not taken.
Mercantile Barristers can provide this legal advice. Our expertise lies in contractual drafting, contractual negotiations and contractual disputes. We have particular experience in advising clients on drafting commercial contracts and representing clients in proceedings concerning breach of contract.
How disputes are settled outside of court
There are various dispute resolution methods available to you that act as an alternative to court. ADR methods include adjudication, arbitration, early neutral evaluation and mediation. A legal expert can advise you on the best course of action based on the nature of your dispute.
Not all methods will be applicable to every dispute and, in some cases, court may be unavoidable. However, exploring your options beforehand could prevent an expensive, lengthy battle and even potentially salvage professional relationships.
For specific advice or insight into your dispute resolution options, get in touch with the team at Mercantile Barristers.
