Dispute strategy connects the legal position, the ability to prove the case and the consequences of proceedings for the client. A decision to bring proceedings, defend a claim or settle requires an assessment of the claims, available evidence, procedural options and financial exposure.
The legal merits of a claim and the ability to prove it are separate questions. It is important to establish which facts require proof, who bears the burden of proof and what the available documentation can substantiate.
Alongside protecting rights, it is necessary to consider costs, time, the effect on business operations and the ability to obtain effective relief. Strategy is shaped by the circumstances of the case, the client’s objectives and instructions, and the applicable legal and professional duties.
Advice and representation
Commercial and contractual disputes
Disputes arising from non-performance or breach of contract, contested payments, termination and contractual liability. Assessment of claims and defences in business cooperation, supply, distribution and service relationships.
Corporate disputes and protection of member and shareholder rights
Disputes between company members or shareholders, challenges to corporate decisions and protection of rights arising from participation in a company. Consideration of the conflict’s legal consequences for management, ownership relations and business operations.
Property and real estate disputes
Disputes over ownership, possession, co-ownership and other rights in real estate. Claims concerning the delivery, use and disposal of property and breaches of contractual obligations in real estate relationships.
Damages claims
Assessment of the basis and extent of liability, the occurrence and amount of loss, and causation. Preparation of claims or defences, considering the documentation and the need for expert evidence.
Debt recovery and contested claims
Legal analysis of the origin, amount and maturity of a claim and the grounds on which it is disputed. Representation in proceedings to establish and enforce an obligation, with a separate assessment of the conditions for any compulsory enforcement.
Interim measures and security for claims
Assessment of the need for interim protection and the options for securing a claim in the circumstances of the case. Preparation of applications and responses, considering statutory requirements, necessary evidence and the measure’s effect on the participants’ rights and assets.
Litigation and legal remedies
Preparation of claims, statements of defence and other pleadings, representation at hearings, and the proposal and presentation of evidence. Assessment of the grounds, admissibility and time limits for legal remedies.
Negotiation, settlement and out-of-court dispute resolution
Representation in negotiations and preparation of settlement agreements. Arrangements covering amounts, deadlines, performance, security and the consequences of non-performance, with review of the legal enforceability of the agreement.
The value of a claim and the cost of a dispute
The value of a dispute is not determined solely by the amount claimed. Evidential risk, anticipated costs, the duration of proceedings and the ability to secure effective relief are important in assessing whether proceedings are legally and economically justified.
Litigation may affect a company’s liquidity, dealings with assets, performance of contractual obligations and business continuity. In some cases, timely protection of assets and security for a claim may be as important as the final determination of its merits.
Success in litigation does not necessarily mean successful recovery. Monetary claims require consideration of the debtor’s legal position, available information about their assets, existing encumbrances and the options for compulsory enforcement.
A settlement also has legal and economic value. Its justification depends on more than the agreed amount: payment deadlines, security instruments, enforceability and the risks and costs of continuing proceedings also matter.
Dispute strategy
In each dispute, we clarify the client’s legal position and objective: which right requires protection, which claim is advanced or contested, and how the dispute affects business operations or assets.
We review the facts, documentation, evidential options and relevant procedural constraints. We distinguish limitation periods from deadlines for individual procedural steps.
Depending on the case, we compare litigation, negotiation, settlement and interim protection. The assessment includes financial consequences, liability risks, costs and the ability to obtain effective relief.
On that basis, we determine the next legal step and the questions that must first be resolved. We reassess the strategy when new evidence, decisions or changes in circumstances affect the client’s position.