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Negotiate and settle a commercial or property dispute

Most commercial disputes end in an agreement, so the question is when and on what terms.

The dispute is taking more of your week than the matter is worth, and it is not obviously getting closer to an end. Almost all commercial and property disputes finish in a negotiated agreement rather than a judgment. That makes the real question when you get there and what it costs on the way. We work out what your position is actually worth, open the negotiation from that footing, and document the settlement so it ends the matter rather than pausing it.

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A number to negotiate against

You find out what the matter is actually worth, which is what makes an offer possible to judge.

An ending, not a pause

The deed carries proper releases, so the same claim cannot come back in a different form.

Your attention back

The dispute gets an end date and stops taking the part of the week you think most clearly in.

How do commercial disputes actually get resolved?

Most are resolved by agreement, through direct negotiation, a without prejudice exchange, or a mediation with someone independent in the room. Litigation sits behind all of those as the alternative if agreement fails, and it shapes what each side will accept. That is why an honest view of your prospects is the foundation of any negotiation rather than a formality before it. When agreement is reached it is recorded in a deed of settlement, with releases so neither side can revive the same claim, and usually confidentiality. That document is what converts a negotiation into an ending.

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What is the difference between negotiation and mediation?

Negotiation is the two sides dealing with each other directly or through their lawyers. Mediation adds an independent person whose job is to help you reach agreement without deciding anything. Mediation often works where negotiation has stalled, because both sides hear the same reality check.

Is a settlement agreement binding?

Yes, once properly documented and signed. That is why the deed matters: it records what each side must do, releases the claims and closes the matter. A handshake or an exchange of emails can bind you too, sometimes before you intended.

Do I have to try mediation before going to court?

Often yes. Courts generally expect genuine steps to resolve a dispute before proceedings, and some matters require it. Beyond the requirement, a refusal to engage can affect how costs are dealt with later.

Does settling mean admitting I was wrong?

No. Settlement deeds routinely record that liability is not admitted by anyone. Settling is a commercial decision about cost, time and certainty, not a concession that the other side was right.

Want to know what your position is actually worth?

Tell us what the dispute is about and what has been said so far. We will give you a candid view of your prospects, which is the thing that decides what a sensible settlement looks like.

The real cost of a dispute is the attention it takes

You are in a dispute you did not choose and cannot easily leave, and it is consuming time you would rather spend on the business. You believe you are right, but being right has not moved the other side, and you have no clear sense of what the matter is worth or what a fair resolution looks like. Without that number, every offer is impossible to judge.

We will give you a candid assessment of your position and what it is worth.
We will negotiate with the other side on a without prejudice basis.
We will represent you at mediation where that is the right forum.
We will document the settlement in a deed that closes the matter properly.

You are still arguing about something that stopped being worth it months ago

A contract was not performed, a property transaction went wrong, or a business partner behaved in a way you did not expect. The correspondence has grown longer and less productive, positions have hardened, and both sides are now partly arguing about how the argument has been conducted. You have a business to run and this is taking the part of the day you think most clearly in. What you want is an ending you can live with, reached before the costs make that harder.

What's included in your dispute resolution service

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An assessment of your prospects and the commercial value of the dispute.
Without prejudice correspondence and negotiation with the other party.
Representation at mediation or a settlement conference.
Drafting of the deed of settlement, releases and confidentiality terms.
Advice on enforcement if the settlement is not honoured.

Disputes that drift end up in court by default rather than by choice

A dispute nobody actively resolves does not stay the same size. Positions harden as each side invests more in being right, and the cost of settling starts to include the cost already spent, which makes agreement harder the longer it is left. Meanwhile the commercial relationship behind it, a supplier, a co-owner, a tenant, usually cannot be recovered once the correspondence reaches a certain tone. And if it does reach court the process is public, slow, and decided by someone with far less understanding of your business than either of you. None of that is a reason to settle badly. It is a reason to settle deliberately, and early.

How the dispute gets to an ending

We start with a candid assessment of your position, including the parts of it that are weaker than you would like. A negotiation built on an inflated view of your prospects fails slowly and expensively. Then we open the negotiation from a position that is defensible, using without prejudice correspondence and, where it helps, a mediation with an independent person in the room. When terms are agreed we document them in a deed with proper releases, so the matter is closed rather than capable of being revived. What changes for you is that the dispute has an end date, and you stop carrying it.

How a settlement comes together

Know what your position is worth before you start trading.

Map the positions

We assess what your claim or defence is actually worth, and what the other side is likely to accept.

Open the negotiation

We put a defensible position without prejudice, and use mediation where an independent voice will move things.

Sign the deed

We document the settlement with releases and confidentiality, so the matter ends rather than pausing.

A candid view of your prospects, which is what a settlement is built on

Most commercial disputes are not won, they are ended, and the people who end them well are usually those who worked out early what the matter was really worth. That is an uncomfortable conversation to have about your own case, and it is the one that saves the most money.

We are ISO 9001 accredited, so how your matter is run and what you are told about it are defined rather than improvised. In a dispute that runs for months, knowing what is happening and what it is costing is much of the value.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Bring the dispute to an end

Tell us what the dispute is about and where it has got to. We will give you a candid view of your position and what a sensible resolution looks like.

Speak to a lawyer 1300 654 590