Alternative
Dispute Resolution
1. Negotiation
Litigation involving unfairly prejudiced shareholders can be expensive
and time consuming. So seeking advice early on is essential to save
cost and energy in the long run, it is therefore always advisable to
consider negotiations at the outset. Even if there are personal differences,
it may be possible to arrive at a settlement which satisfies all the
parties and keeps the business alive without incurring the substantial
costs of litigation.
2. Offers to settle under the courts’
rules
Even once legal proceedings have been commenced, it is still possible
to settle out of court by making so-called “without prejudice
offers” under the Civil Practice Rules. Indeed, settlement is
always an option throughout the legal process.
3. Mediation
Where there is a genuine desire to settle on both sides, mediation
is the obvious solution: a neutral person who is a trained mediator
will guide conflicting parties towards a mutually agreed compromise.
Mediation is a far quicker and less expensive means of resolving disputes
than litigation.
We have considerable mediation experience and a successful track record
in bringing about a resolution of shareholder and partnership disputes
through the use of mediation.
4. If all else fails?
It is not always possible to resolve disputes by negotiation or mediation
and a trial may be unavoidable, in which case using experienced trial
lawyers such as ourselves is essential.
