How are business partnership disputes commonly resolved?

ByWomen's Business Club

Feb 1, 2023

While most business partnerships are started in good faith, the unfortunate reality is that disputes do arise

Business partnership disputes in the UK can be resolved through a variety of methods, including negotiation, mediation, arbitration, and litigation. Each method has its own advantages and disadvantages, and the best course of action will depend on the specific circumstances of the dispute.

1. Negotiation

Negotiation is often the first step in resolving a business partnership dispute. This can involve informal discussions between the parties involved, or the use of a neutral third party, to attempt to facilitate some form of resolution. Negotiations can be relatively quick and cost-effective, but they are not always successful, and may not result in a formal legally binding agreement.

2. Mediation

Mediation is a form of alternative dispute resolution (ADR) that involves the use of a neutral third party, in order to help the parties reach a mutually acceptable solution. Mediation can be less formal and more flexible than other forms of ADR, and it can be an effective way to resolve disputes where the parties have a continuing relationship. 

However, it’s important to note that the result is not binding, so it may not be suitable for disputes involving significant amounts of money or other assets, or disagreements that have reached a certain severity.

3. Arbitration

Arbitration is another form of ADR, that involves the use of a neutral third party to make a binding decision on the dispute. 

It’s a more formal process than mediation, and is often used in disputes involving significant amounts of money or other assets. However, it can be costly, and each of the parties is usually required to pay the arbitrator’s fees.

4. Litigation

Litigation is the process of resolving disputes through the court system. It can be a complex and time-consuming process, and it’s often very expensive. Litigation is often seen as a last resort when other methods of resolving disputes have failed. 

However, it can be effective in disputes where there is a significant amount of money or other assets at stake, and where the parties are unable to reach a resolution through other forms of dispute resolution.

No matter which form of dispute resolution is chosen, it’s important for the parties involved to be aware of their legal rights and responsibilities, and to seek legal advice if necessary. A legal professional can help the parties understand their options and guide them through the process of resolving the dispute.

In summary, business partnership disputes in the UK can be resolved through a variety of methods, including negotiation, mediation, arbitration, and litigation. The best course of action will depend on the specific circumstances of the dispute. Negotiation and mediation are often the first steps in resolving disputes, as they are quicker, cheaper, and less formal than litigation.

However, in cases where the dispute is highly complex such as during quasi-partnership disputes, or in disputes where significant assets are at stake, arbitration or litigation may be the best course of action. It’s important for the parties involved to be aware of their legal rights and responsibilities, and to seek legal advice before it’s too late.

Women's Business Club

Women's Business Club empowers women to succeed in business through awards, conferences, business support membership, and news. Find out more at www.womensbusiness.club or send your press release [email protected]. Articles and adverts are chargeable, see media pack at www.womensbusiness.club/media-pack

Leave a Reply