If the aftermath of the Global Financial Crisis is anything to go by, we are in for a period of aggro.
Fights between businesses over deals gone wrong, fights between banks and borrowers, fights between property buyers and sellers. Fights between developers and just about everyone.
Fights between husbands and wives.
Fights between guys who have been in business for twenty years and now hate each other.
Why are we fighting? Stress. Not enough money slushing around. Utter frustration at the way our lives are out of our control.
Let’s accept that disputes, particularly in this covid world, are going to happen. We need to work out how to deal with them so we can get on with life.
How do you do that?
Here is our approach:
If there is an agreement in place – like an agreement for sale and purchase, a partnership or shareholders agreement, a loan agreement, a commercial contract – check that first. Is there a dispute resolution clause there?
If so, that’s a good start. Now:
Lets gather the facts and try to resolve things in a common sense way.
That means cutting through the crap and emotion, and getting to the actual guts of the matter. Finding a solution that is fair.
Yes, you can try and do it yourselves – how is that working out for you so far?
An observation – most people are too close to it and will make it worse. That’s why lawyers are here. Its not our issue. We’re further removed from the emotion and drama of it all and can often see a way forward.
If there is no dispute resolution clause then you have to decide what path to go down. The different paths are basically these:
Negotiation – see above.
Alternative Dispute Resolution – can be mediation or some sort of third party facilitation to help you reach agreement; or it can be taken out of your hands via arbitration.
Disputes Tribunal – if it is a dispute that is not really worth opening the courthouse doors over, you can take it to the Disputes Tribunal. As long as what you are arguing over is worth no more than $30,000. We can help you prepare (this is essential) but after that, no lawyers are allowed.
Litigation – expensive, confrontational and stressful, and takes months if not years. Why go there if you don’t have to?!
Before you decide, you need to get real about some things:
How much do you want to spend to fix it? Do you want to fix things and get on with life? Or do you want to “get” someone? If you are fighting simply as a matter of principle, and you are bitter and angry, go to another lawyer. We don’t want you because we can’t help you.
How much time do you want to spend on it? You can take as long as you like. If you want to go the whole hog you can spend years mired in litigation. That is a lot of money down the drain, and a lot of stress, anger and sleepless nights. You’re going to be hard to live with. Again, we’d like to help you but go somewhere else please.
Can you resolve it yourselves or, realistically, do you need help from a third party? This will depend on your attitude. You can resolve some disputes by yourselves. But chances are you will benefit from outside help. We can help you with this.
Do you want or need to have an ongoing relationship with whoever it is you’re fighting with? We can help you with this.
Are you happy for your dirty laundry to be all over the news or do you want to keep it quiet? If you want to be on the front page, more power to you. But if you want to move on we can help you.
Do you want the outcome to be binding? We are experts at recording what is agreed.
Our approach is always to try to reach agreement first. If, after giving that a thorough go, it becomes clear that its not working then head off down the litigation path. To be fair to litigation, sometimes the act of issuing proceedings is enough to bring the other party suddenly to the table. That is a strategic decision and we have seen this work many times.
It’s a simple approach but it works. We have a pretty good track record of resolving disputes before they get out of hand and without the need to trot off to court.
We know that disputes are already bubbling away out there. If you have anything bothering you, front foot it and give us a call to discuss now. Queenstown Law – phone 03-4500000.
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