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Resolving Disputes
Virtually all businesses will need to resolve disputes of some nature from time to time.
They may be perceived as a minor irritation but in more serious cases they can severely disrupt cash flow, the ability to win future contracts and affect the reputation of your business within the wider business community.
Our dedicated team provides realistic advice on the options available to resolve the matter; via mediation, arbitration, negotiation or litigation. We then pursue the appropriate course of action to resolve the dispute in the most cost-effective way. Wherever possible, we avoid the disruption and costs of litigation by encouraging parties to mediate or negotiate a settlement before the case reaches court.
We aim to resolve your disputes and bring them to a successful conclusion but, when required, our services extend to providing full representation in the courts, at tribunals, inquiries (including public inquiries), mediations and arbitration hearings.
Lincolnshire Law Society offers a mediation service for both professional and public referrals. Mediation provides a binding and cost effective solution to civil disputes as an alternative to court proceedings. Annette Wood of Andrew & Co is on the Lincolnshire Law Society's panel of mediators and has experience in many types of mediation.
Building disputes
Building disputes cover a range of issues from ensuring your premises meet the latest Health and Safety requirements to dealing with contractors and public authorities.
Health and safety in the workplace is fraught with the potential for disputes against employers. Our specialists ensure you understand your obligations so you can proactively act in the best interests of your business and your staff.
We also provide advice on resolving building related disputes resulting from developing industrial, commercial and residential property, managing agricultural land and buildings or construction issues with contractors.
Company disputes
Disputes between shareholders are costly. The outcome is often far from certain as the court has very wide powers when considering how to resolve disputes. We are able to advise on these type of disputes and support you. Our primary role, wherever possible, is to assist in managing the risk and support you in finding a cost effective solution.
Debt recovery
We can help your business maintain cash flow by providing debt recovery services and pursuing debtors on your behalf. From recovering a single debt to dealing with all your debt recovery work we aim to recover unpaid debts quickly and cost-effectively, but always with a view to protecting the business relationship between clients and their debtors.
Disputes with customers and warranty claims
Our specialist staff can advise on consumer or sale of goods legislation and how it affects manufacturers, wholesalers and retailers for all aspects of current consumer legislation, rights and remedies, including warranty and guarantee claims.
We can also review the contract terms and conditions you have in place to ascertain the rights of all parties involved and, where required, represent your business to resolve any disputes with customers.
Fiduciary duty claims
Company Directors and Officers may face a range of potential legal actions in the course of carrying out their duties; from allegations of breach of trust to neglect, omission, libel, slander and wrongful trading. Equally, prosecution may sometimes be required against former employees where their actions have involved a breach of their fiduciary duties at the time they were employees.
In either event, we can review the situation for the business involved and provide advice on the potential for liability. If required, we can assist with any subsequent investigation or prosecution, including recovery of funds or tracing of assets.
Insurance matters
We can act for either claimants or defendants for insurance related disputes, including giving advice on the scope for negotiation or mediation.
We strongly recommend businesses take a proactive stance on insurance matters and review any potential liability; taking appropriate action to mitigate any claims. Alternatively, insurance cover should be considered to cover the liability - our services extend to reviewing your situation, explaining what is required and arranging cover, where requested.
Intellectual property disputes
In most businesses the brand is a very valuable asset. Where there is a dispute about the use of a brand, logo, trade mark or other item of intellectual property we will review the position, advise you and do whatever is possible to protect the position of you and your business.
Partnership disputes
We can assist with disputes in partnerships with or without a formal written partnership agreement. We can review the Partnership Deeds to examine the terms originally agreed and any subsequent amendments, before providing advice on the most practical way forward to deal with any dispute.
Where the Partnership dispute cannot be resolved we can provide assistance to dissolve the partnership without involving court action.
Landlord and tenant disputes
Our team can advise on all aspects of property litigation. This includes the granting of new tenancies, claims against tenants, claims on behalf of tenants including service of statutory notices, quitting of premises and statutory compensation claims.
We also handle mortgage related disputes, forfeiture of leases, boundary disputes (including dealing with rights of way and other easements) and arranging processes for the removal of trespassers from land.
Professional negligence
Professionals sometimes get it wrong and the consequence can be that the client suffers loss and expense. When this happens decisive action is required.
We act for both individuals and businesses in actions against professionals operating in various sectors, principally accountants, architects, financial advisers, solicitors, surveyors and valuers.
We advise as to the rights, duties and liabilities which professionals have, investigate your potential claim, engage experts to assist with the investigation where appropriate, advise as to the merits and demerits of your claim and if you decide to proceed we will manage the progress of the claim on your behalf. Some claims are dealt with by litigation, some by arbitration and some by mediation.
Mediation services
Mediation is now widely recognised in the UK and Europe as the most popular form of ADR as it offers solutions beyond those that a court could ordinarily impose.
A sound understanding of the process enables our mediators to work to the highest standards and offers clients the confidence to approach the dispute with a positive frame of mind.
What is mediation?
Mediation is a voluntary, non-binding, "without prejudice" method of resolving disputes. The mediator is specially trained to assist parties in settling disputes, being an impartial neutral catalyst who helps the parties to arrive at a mutually agreed solution. The mediator has no power to impose a settlement on either party.
Why use mediation?
Litigation undoubtedly increases levels of stress, often results in a loss of management time, a decline of productivity, low morale and can be costly. As a party you also retain little control over the process and are limited with the types of settlement that a court can award. Through mediation however, as the mediator is non judgmental and the process totally confidential, this allows the parties to control the process and reach a resolution on terms that they are happy with. If you can't agree terms then you can continue with litigation. However with 80% of cases resolving it is an unlikely scenario.
Any disputes can be right for mediation. The real key is the desire of the parties to want to resolve it.
