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26th April 2024

Can I settle my dispute out of court?

Frances Mann

Frances Mann

Yes. This is usually the preferred option because court proceeding can be expensive. You can settle a commercial litigation case out of court through negotiation, mediation, or arbitration. In fact, many commercial disputes are resolved through settlement agreements without the need for formal litigation in court. Here are some common methods of resolving commercial disputes outside of court:

  1. Negotiation: Parties can engage in direct negotiations to reach a mutually acceptable resolution of the dispute. Negotiation allows the parties to discuss their respective interests, concerns, and potential solutions to the dispute.
  2. Mediation: Mediation involves the assistance of a neutral third party, known as a mediator, who facilitates communication and negotiation between the parties. The mediator helps the parties explore settlement options and encourages them to reach a voluntary agreement.
  3. Arbitration: Arbitration is a private and less formal alternative to litigation, where the parties submit their dispute to one or more arbitrators who make a binding decision. Arbitration may be mandated by a contract or voluntarily chosen by the parties as a method of resolving their dispute.
  4. Settlement Conference: Courts may facilitate settlement conferences or mediation sessions to assist parties in resolving their disputes before trial. A judge or magistrate may preside over the settlement conference and provide guidance to the parties in reaching a settlement.
  5. Settlement Agreement: If the parties reach a settlement agreement, they can document the terms of the settlement in a written agreement signed by both parties. The settlement agreement typically includes provisions outlining the agreed-upon terms, such as payment of damages, release of claims, and any other agreed-upon actions.

Settling a commercial litigation case out of court offers several potential benefits, including cost savings, time efficiency, preservation of business relationships, and greater control over the outcome. However, it’s essential to approach settlement negotiations with a clear understanding of your rights, interests, and objectives, ensuring that any settlement agreement adequately protects your legal rights and interests. Mann Roberts Solicitors are experts in all methods of resolving commercial disputes and go through each clients’ options on an individual basis. No client is the same and no case is the same. We tailor our advice to meet your specific needs.