How to successfully resolve disputes

In a business relationship all parties wish to avoid disputes and legal processes at all costs. But how can you actually manage to find a solution to a conflict when disagreements remain? “By positioning yourself in the right way, it is actually possible to avoid disputes and instead increase the chance of success and continued good relationships,” says Erik Wernberg, Partner at Cederquist with many years' experience of dispute resolution.

An unwanted dispute disrupts daily business activities and if the dispute leads to a legal process, it almost always entails an uncertainty for the company and its business. Furthermore, a dispute demands time and resources spent on cases which should be directed towards normal business activities. But according to Erik Wernberg, who has worked exclusively on dispute resolution since 1997, it is often possible to avoid a dispute via correct and clear conduct.

“In order to maximise the outcome it is important to take the procedural measures required, for example complaints and securing evidence. If, despite such measures, a legal process cannot be avoided, early analysis and positioning means getting a better starting position. In certain cases, early positioning can be wholly decisive for the chances of success,” says Erik Wernberg, who has considerable experience of representing clients in commercial disputes in courts and before arbitration tribunals.

What are your tips for maximising the outcome of a dispute?
"A good tip is to carry out as meticulous an analysis as possible of what has happened, to secure evidence early on and to take control of the correspondence with the counterparty.”

Erik Wernberg continues by saying that successful positioning at an early stage increases the chances of full success in a subsequent dispute as well as the chances of reaching an advantageous settlement solution, which in turn gives hope for a positive future relationship.

“If a dispute can be avoided, a good relationship can be maintained and the company can direct its efforts towards its normal business activities instead of dedicating time to a dispute which could drag on for several years. “

See also:
The interview with Elsa Arbrandt which discusses strategies for contract negotiation here.