Preparing the file before assessing a commercial dispute

Negotiation, mediation, arbitration and court options should be assessed on the contracts and actual documents in each matter.

Relevant contracts and agreements

Gather the contract, appendices, amendments and documents recording the parties' agreements. The dispute resolution clause should be reviewed directly.

Performance records

Prepare payment, delivery or acceptance records, breach notices, meeting minutes, emails and messages exchanged between the parties.

Loss and specific relief

Identify the disputed issues, the objective and the documents supporting the loss or relief sought.

Assessing resolution options

After reviewing the file, the lawyer and client can assess whether negotiation, mediation, commercial arbitration or court litigation is appropriate.