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How do you prepare for a dispute resolution meeting?

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Dispute resolution is a process of resolving conflicts between parties involved in a commercial lease, such as landlords, tenants, or subtenants. It can involve negotiation, mediation, arbitration, or litigation, depending on the terms of the lease and the nature of the dispute. Dispute resolution can help avoid costly and time-consuming court cases, preserve business relationships, and achieve mutually acceptable outcomes. However, to make the most of dispute resolution, you need to prepare well for the meeting. Here are some tips on how to do that.

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Boon Gan Ng

Associate Director at VanillaLaw? Affiliate of Worldwide Independent Lawyers League

1 Review the lease agreement

The first step in preparing for a dispute resolution meeting is to review the lease agreement and identify the relevant clauses, rights, and obligations of each party. You should also gather any evidence or documentation that supports your position, such as invoices, receipts, correspondence, photos, or reports. Make sure you understand the dispute resolution clause and the procedure that applies to your case. For example, some leases may require mediation before arbitration or litigation, or specify the location, language, or rules of the meeting.

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Boon Gan Ng

Associate Director at VanillaLaw? Affiliate of Worldwide Independent Lawyers League
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Another important clause to look out for is the governing law (typically found closer to the rear end of the contract) because that tells you which law applies to your dispute, and helps you determine if you have a chance of succeeding in adversarial proceedings.

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Yan Roussas

Responsable des ventes entreprises Bauer Paris
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Il est important de vérifier la conformité du contrat , vice de procédure ou pas. Vérifier si les lois au moment de la signature n ont pas évolués ou changer.

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2 Assess your interests and options

The next step is to assess your interests and options in the dispute. What are your goals, needs, and concerns? What are the best and worst possible outcomes for you? What are the strengths and weaknesses of your case? How likely are you to succeed or fail in the dispute resolution process? You should also try to understand the other party's interests and options, and anticipate their arguments and responses. This will help you evaluate the risks and benefits of different solutions, and prepare realistic and reasonable proposals.

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Boon Gan Ng

Associate Director at VanillaLaw? Affiliate of Worldwide Independent Lawyers League
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Think also about objective criteria for determining whether a proposal is feasible - do you need a third party to tell you whether the solution has been implemented properly? A settlement agreement should also contain clear standards for compliance and breach to avoid a secondary dispute.

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Yan Roussas

Responsable des ventes entreprises Bauer Paris
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Prendre en considération la conjoncture. Poser de manière objective la question suivante: Qui a le plus à perdre ? Qui a besoin de l autre ?

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3 Choose a representative

Depending on the type of dispute resolution and the complexity of the case, you may need to choose a representative to act on your behalf. This could be a lawyer, a broker, a manager, or someone else who has the authority and expertise to negotiate or advocate for you. You should consult with your representative before the meeting and brief them on the facts, issues, and goals of the dispute. You should also agree on the strategy, tactics, and communication style that you will use during the meeting.

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Boon Gan Ng

Associate Director at VanillaLaw? Affiliate of Worldwide Independent Lawyers League
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Make your representative's authority clear to all parties so that no one is taken aback by any delay caused by need to seek additional authorisation.

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4 Prepare a statement

Another step in preparing for a dispute resolution meeting is to prepare a statement that summarizes your position, arguments, and proposals. A statement can help you clarify your points, organize your thoughts, and present your case in a clear and concise manner. You should also anticipate the questions or objections that the other party or the mediator, arbitrator, or judge may raise, and prepare your answers or counterarguments. Depending on the type of dispute resolution, you may need to submit your statement in advance or present it orally at the meeting.

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Boon Gan Ng

Associate Director at VanillaLaw? Affiliate of Worldwide Independent Lawyers League
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Be selective about including supporting documents as it may lead to an unnecessarily narrow focus on the contents over the underlying interests of the parties.

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5 Practice and rehearse

The final step in preparing for a dispute resolution meeting is to practice and rehearse your statement, arguments, and proposals. You can do this by yourself, with your representative, or with a colleague or friend who can give you feedback and suggestions. You should also practice your listening, questioning, and negotiating skills, and be ready to adapt to different scenarios and situations. Practicing and rehearsing can help you improve your confidence, credibility, and persuasiveness during the meeting.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Boon Gan Ng

Associate Director at VanillaLaw? Affiliate of Worldwide Independent Lawyers League
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Depending on your jurisdiction, you may want to make sure that any meeting is private and confidential, and done on a without prejudice basis (that whatever is said cannot be used against you in later proceedings). This creates a safe space for discussion and brainstorming.

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How do you prepare for a dispute resolution meeting?

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5

6

1 Review the lease agreement

2 Assess your interests and options

3 Choose a representative

4 Prepare a statement

5 Practice and rehearse

6 Here’s what else to consider

Commercial Leasing

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How do you prepare for a dispute resolution meeting?

1

2

3

4

5

6

1 Review the lease agreement

2 Assess your interests and options

3 Choose a representative

4 Prepare a statement

5 Practice and rehearse

6 Here’s what else to consider

Commercial Leasing

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