Alan Cameron | Senior Associate

The Do’s and Don’ts of Resolving a Dispute

Disputes happen every day and are usually resolved so quickly that we don’t even recognise them in the first place. For example, two people bumping into each other on the street is usually met with mutual apologies before both people walk away without a second thought. Receiving the wrong soup in a restaurant is commonly resolved by alerting the waiting staff who switch your soup there and then.

That being said, we recognise that not all potential disputes are settled as effortlessly.

As an expert team of dispute resolution and litigation lawyers, here are our top tips in resolving a dispute:

Do’s

  1. Take photographs that clearly and accurately demonstrate the problem – properly lit where possible and without obstructions.
  2. Inform the other side of the problem – give them an accurate account of what the issue is and ask that they acknowledge/resolve the matter in a reasonable time period.
  3. Correspond via email or letter – this ensures that you don’t get tongue-tied or flustered in the moment, and additionally begins to build you a paper trail. Make sure you save copies of all outgoing and incoming correspondence. If you communicate via telephone or in person, keep a file note of what was discussed, the time and the place.
  4. Give the other party the opportunity to remedy the issue – this is key in every situation, that the matter is remedied, or you are at least placed back into the situation you would have been in had the matter not occurred in the first place.

Don’ts

  1. Don’t antagonise – civility between you and the other party can help solve the relevant matter-at-hand.
  2. Don’t leave it too late – if you leave the matter too long, this may be interpreted that you accept the situation for what it is. The other side may deny that the problem ever related to them and they could argue that the fault lies with an intervening action that occurred between the incident date and the date they are informed of the problem.
  3. Don’t rush into getting a report without consulting a legal professional first – every type of credible report (medical, property, architectural) is expensive and must be done by a recognised professional. The instructions to the expert will need to be clear so that the report deals with the relevant issues and assists you in settlement discussions.

Following these rules will strengthen your position in any dispute that may arise. If however the matter is incapable of resolution and you require to instruct a solicitor, then the information that you will have obtained will and allows your legal team to have a firm understanding of your case.

A range of disputes have come through our doors at Jackson Boyd, from property disputes with neighbours, substandard clinical treatment, and all areas of employment law. While we deal with disputes day-to-day, we understand that having a legal dispute in your life is not an expected matter, and may be uncomfortable and all-consuming. Our expert team are here to guide you through the legal dispute resolution process, from the initial letter to the final one. To arrange a free consultation, or to find out more about our no win no fee service, please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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