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If someone tries to back out of an agreement, fails to perform something that had been promised or breaches their contract with you, then you need to take action to protect your business.
Business disputes can be time consuming and costly, however, so you need experienced legal guidance and a practical approach to help you achieve the best result for yourself and your business.
Dealing with business disputes can be particularly difficult when the other party is an important, or potentially lucrative, customer. Very few business owners and companies seek to take another party to court, or to defend themselves in court actions unless it is absolutely necessary.
At Martin Tolhurst, our Disputes team specialise in assisting businesses to achieve the right result the right way. We will take on board all of your concerns, including the need to maintain a positive relationship with the other party where required.
We have strong expertise in Alternative Dispute Resolution (ADR), so can often resolve commercial disputes amicably, without the need for court proceedings. That said, we have extensive court experience, so can advise and represent you if court action is required to get the outcome you need.
We offer 15 minutes of free initial advice via a telephone consultation with one of our specialist commercial disputes team. They will review your legal needs with you, talk through your legal options and explain how we can help get the outcome you need.
We also offer a 45-minute, no obligation consultation for just £99. This allows us to go into more depth about the issues you are facing, specific assistance we can give you and the likely costs involved.
For pragmatic, business-minded commercial dispute resolution in Kent, please contact your local Martin Tolhurst office in Gravesend, Longfield, Ashford, Medway or Sittingbourne now.
For further information please contact our New Enquiries team using our simple contact form.
Our Disputes team can assist with a wide variety of business disputes including:
The terms of a contract are often not as clear as they ought to be, leaving the potential for a wide range of disputes. Our team can advise you on the various possible interpretations of all types of commercial contracts, making sure you are clear about what outcomes you may be able to achieve. We can then support you on negotiation, mediation or court proceedings where required to protect your rights and commercial interests.
Whether you are a landlord, tenant, developer or investor, we have very strong experience with all types of commercial property disputes. With our extensive expertise in this complex area of law, we can typically resolve most conflicts quickly and cost-effectively.
We advise both employers and employees on all types of employment disputes, both in private and in relation to employment tribunal proceedings. In most cases, we can resolve employment disputes with a settlement agreement, saving both sides time, money and unwanted publicity.
If you need to make a claim for professional negligence or defend yourself against a negligence claim, we can help. Our team can advise you on whether you have grounds for a claim/a successful defence and whether it is better to settle or take the matter to court.
Commercial mediation offers a voluntary alternative to court proceedings where the parties involved in a dispute can sit down together and attempt to agree an amicable solution to their conflict.
Mediation for business disputes can be highly effective, offering a number of benefits compared to court proceedings, including:
Mediation usually involves a number of sessions hosted by a trained mediator who acts as a neutral third party to keep the process productive and diffuse any potential for conflict. You can have your lawyers with you during mediation sessions to advise and guide you.
Any agreement made through mediation will typically be recorded in a confidential written agreement.
The whole process is carried out on a ‘without prejudice’ basis, meaning anything you say or any concessions you make cannot be used in any future court proceedings if mediation is unsuccessful.
This is an alternative to mediation that works in a similar way, except without the presence of a mediator. This offers the same advantages as mediation when compared to court proceedings, but is generally less expensive as you do not need to pay for the mediator.
Round table meetings can be highly effective where the issues to resolve are relatively straightforward and the parties are on good terms. In such cases, there is likely to be less chance for conflict during the process, so a mediator may not be required to facilitate productive discussions.
While court proceedings should normally be a last resort when dealing with a business dispute, they are sometimes unavoidable. Should you need to initiate or respond to court proceedings, we will make sure you have clear advice and robust representation every step of the way.
Over the years, we have forged lasting relationships with local judges and numerous barristers should there be a need to involve them in any matter. We will always advise you of where we believe there is the opportunity for an early settlement, while making sure your case is prepared and presented effectively to give you the best chance of securing the outcome you need.
Thanks to our extensive commercial litigation experience, we are able to deal with a broad spectrum of business disputes efficiently and effectively.
The key to the success of our Business Law Department is the way we talk to our clients. We take the time to learn about and understand your specific business. Knowing what your goals are enables us to focus our advice on achieving or protecting those goals.
Getting the right result for your business isn’t just about knowing the legal rights and wrongs – it’s also about understanding how the various potential outcomes could impact your overall business goals.
We will always make sure the legal solutions we suggest reflect your business interests, ensuring that you gain real long-term value from our intervention.
As well as helping you to resolve your immediate legal issues, we can also provide advice on steps you can take to minimise the risk of future disputes, saving you time, money and stress in future.
You can have long term peace of mind by calling us today to begin working with a Martin Tolhurst Business Lawyer who understands why you are in business.
For pragmatic, business-minded commercial dispute resolution in Kent, please contact your local Martin Tolhurst office in Gravesend, Longfield, Ashford, Medway or Sittingbourne now.
For further information please contact our New Enquiries team using our simple contact form.
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