Dealing with business disputes is no one’s idea of a good time. They're often pricey, stressful, and time-consuming, sucking away precious resources  you could better spend running your business or growing your profits. And even if you win in court, the process may leave you lighter in the pocket, with only a fraction of your costs recovered. Sound familiar?

Prevention is Better than Cure

That’s why it’s smart to avoid disputes in the first place. How? Start by seeking solid legal advice before signing contracts. Having a solicitor review your contracts and terms could save you heaps of trouble down the line. Another tip—schedule regular reviews of your existing agreements. A quick check-up could save you headaches later.

Keep Your Eyes on Settlement

If you do happen to get dragged into a dispute, the golden rule is this—resolve it as quickly and as cost-effectively as possible. The aim isn’t to strut your stuff in court; it’s to get a settlement that works well for you. Why? Going to trial can be a gamble. You might only have a few days to convince a judge about what happened years ago, often in highly complex scenarios. And honestly, the judge might not see things your way.

The good news? Most disputes get settled before they even see the inside of a courtroom. The earlier you settle, the better—it saves cash, time, and stress. Plus, there’s less risk involved. A good legal team with dispute resolution expertise can help position you for success.

Ditch the Courtroom Drama

Not every dispute has to end up in court. There are plenty of other ways to reach an agreement. Direct negotiation? Sure. Or you could try formal alternatives like Alternative Dispute Resolution (ADR). While these options aren’t always inexpensive, they’re way more cost-effective than a full-on trial. And, in a lot of cases, your contracts might already include clauses requiring you to try ADR first.

Here are a few ADR options worth knowing about:

• Mediation: This is where an impartial mediator steps in to help both sides agree. They won’t decide who’s right or wrong, but they’ll focus on finding middle ground.
• Expert Determination: Got a technical dispute? This is your go-to. An expert gets called in to review the problem and make a call. It’s quick, effective, and ideal for specific issues.
• Adjudication: Often used in construction disputes, adjudication is a bit like expert determination but acts as a temporary fix while bigger projects continue.
• Arbitration: Fancy having more control over who makes the final decision? Arbitration lets both parties agree on an independent arbitrator. This is a go-to for international disputes and is legally binding.

Play it Smart with Tactics

When it comes to disputes, strategy is your secret weapon. Every case is unique, so understanding your opponent is crucial. Ask yourself:

• What’s behind their claim or defence?
• Can they afford a drawn-out battle, or are they likely to settle quickly?
• Are legal costs covered by insurers, or is your opponent footing their own bill?
• Are they fighting on principle (bracing yourself if yes!)?

Timing also plays a big role. For instance, claim limits imposed by the court mean there’s a ticking clock on your case. If witness evidence is crucial but time-sensitive for the defendant, waiting as a claimant could strengthen your case. However, in some disputes, acting fast can work in your favour, especially if large sums of money are owed.

Lastly, know your own case inside out. Jumping in without thoroughly reviewing documents, checking your facts, and getting witness input can backfire. Cutting corners to save a little money upfront could cost you dearly in the end.

The Bottom Line

Taking a dispute to court can be unpredictable and expensive, so it’s always best to aim for prevention where possible. Get top-notch legal advice early on to avoid disputes altogether. If you can’t dodge it, focus on settling quickly and smartly. And if the situation gets tricky, having a specialist lawyer in your corner can be a game-changer.

Whether you go down the negotiation, ADR, or litigation route, keep calm, stay informed, and always have the right team to support you. After all, the best disputes are the ones that never happen!

Legal disclaimer 

The matters contained within this article are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. 

Whilst every effort is made to ensure that the information is correct, no warranty, either express or implied, is given as to its’ accuracy, and no liability is accepted for any errors or omissions. 

Before acting on any of the information contained herein, expert advice should always be sought. 

© Melissa Worth 2025