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Dispute resolution - IP and Corporate and SME

Intellectual Property, Corporate and Commercial risk management forms a large part of Sweeny Legal IP practice. At Sweeny Legal IP we are experienced legal counsel, and we do provide dispute resolution legal services.

As legal disputes are often costly, time consuming and very stressful. Sweeny Legal focus on the most appropriate way to resolve them, whether by negotiation, mediation, arbitration or litigation.

Sweeny Legal IP can advise, and assist with disputes relating to intellectual property and commercial agreements, including:

  • initial assessment and advice regarding the dispute;
  • attend to letter writing before any action takes place and respond to any request letters;
  • attend to preparatory origination proceedings;
  • attend to commencement of legal proceedings;
  • attend to preparation and negotiation of settlement agreements to conclude a dispute.

Dispute resolution is all about assessing risk, identifying, managing and assessing liabilities, managing and assessing a possible resolution and come to a negotiated settlement. Court litigation is best avoided. However, if this step is inevitable, external advice is sought. The following are some of the strategies available to dispute resolute.

Negotiation is an informal means of resolving a dispute, whereby the people involved communicate directly with each other to try and reach an agreement. Negotiations can be conducted with or without the assistance of a third party, such as a solicitor or professional mediator.

Negotiation should be seen as a first step in resolving a dispute. If this method fails, other types of dispute resolution should be considered. Mediation is a means of resolving a dispute whereby a person, the mediator, helps the disagreeing parties reach a solution during a confidential, face-to-face meeting. The mediator helps the parties clarify the disputed issues and identify possible options but does not impose a decision. It is not the mediator’s function to give legal advice to the parties.

Mediation is useful when the parties are prepared to negotiate in good faith and work towards a mutually satisfying compromise. Collaborative Law is designed to focus on resolution and minimise conflict. Parties to a dispute and their solicitors agree to make an attempt to reach a mutually acceptable settlement without going to court.

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