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Risk management, dispute avoidance and alternative dispute resolution

Being involved in litigation can be a stressful and expensive experience for anyone, and a significant and potentially damaging distraction for businesses.

The vast majority of such disputes are with customers, employees and suppliers, but also increasingly, with regulators and consumer action groups. Most arise from a mixture of poor communications, badly drafted contracts, failure to deliver on promises, and ineffective risk management procedures.

With legal disputes costing UK businesses billions of pounds every year and often causing lasting damage to a trading and professional reputations, at Linder Myers, we believe that prevention is better than cure.

What options are available?

Regular Risk Audits

Prior to any dispute, all businesses and professionals should review and consider, on a regular basis, whether they are doing all they can to minimise their exposure to risk. This should include, for example:

  • Analysing the cause, escalation and prevention of disputes
  • A regular review of your insurance cover
  • A regular legal review of your terms and conditions of trading, credit control and debt management procedures and internal corporate governance structures. Any review should also cover your Human Resource, Intellectual Property and Information Technology policies and procedures, as well as any dispute identification and complaints procedures.

 Alternative Dispute Resolution

Where disputes do arise, you should always consider alternatives to litigation, including:

  • Negotiation with the opposing party, to help them understand your position and explore opportunities to resolve any differences at an early stage
  • Mediation, whereby the parties appoint an experienced third party to help promote a discussion and facilitate a settlement
  • Adjudication, through which an independent expert in the matter under dispute is appointed to consider the documents and make a binding decision
  • Arbitration, whereby the parties appoint an independent lawyer to act as a private judge to resolve the dispute outside the court system.

Why Linder Myers?

At Linder Myers, we firmly believe that prevention is better than cure.

As such, our specialist team can help minimise your risk of exposure to damaging commercial disputes; allowing you to focus your time, energy and resources on what you do best – managing your business.

Providing the peace of mind you need to grow your business and achieve your commercial objectives, where a dispute does arise, we help ensure a successful resolution as quickly and cost efficiently as possible. Avoiding litigation if at all possible.

Once resolved, we can help analyse why it occurred in the first place; providing advice, assistance and training in relation to your terms of trading, corporate governance and risk management procedures.

With extensive experience in dealing with risk management, commercial litigation and alternative forms of resolution, if you need specialised legal dispute support, contact Linder Myers today. 

Contact us today to find out more about how we can help you.

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