Commercial Disputes
Optimising the initiation and resolution of contractual disputes
1
Review contractual claims, assess probability of success and make strategic recommendation to client.
2
Facilitate discussions between the parties where there is room for potential settlement.
3
Advise client on the consequences and impact on the clients business if a dispute is formally pursued.
4
Make recommendation to client on selection and appointment of legal professionals and expert witnesses.
5
Establish a “dispute resolution project” with timelines, resources and costs; manage progress and client spend against same.
6
Draft briefings for and assist legal team in the development of pleadings, factual witness statements and expert witness statements.
7
Advise client on the nature of proceedings, selection of counsel, nomination of presiding officers or panel members.
8
Act as client representative in dispute proceedings, if required.
9
Attend hearings, provide instruction to legal professionals in consultation with client.
10
Provide regular reports to client, keeping focus on client objectives, and make recommendation on issues of strategy as proceedings unfold.
11
Advise client on outcome of proceedings, make recommendation on options open for further action if necessary.
Benefits for Client
Better visibility and understanding of dispute resolution process,
Put in better position to make strategic decisions timeously,
Deferred engagement of attorneys and other legal experts leads to reduced costs
Attorney briefings better developed, clarity on exactly what is in dispute, improved effectiveness of legal team
Better certainty of outcome, earlier outcome means more time and costs saved, less disruption to client core business.
The objective of this service is three-fold:
i.
to reduce the client’s direct cost of resolving contractual disputes.
ii.
to reduce the timeframes associated with the resolution of those disputes, and in that way,
iii.
minimize disruption to the client’s core business- and project activities.