In a dispute? Don't send that angry email yet
The first move in a dispute often decides its shape. Fire off a threat in the heat of the moment and you can talk yourself into a fight you never wanted.
By Robert Festenstein, Head of Legal
Updated 15 June 2026
6 min read
The short version
- Most commercial disputes settle without a trial — often by negotiation or mediation.
- The right route depends on the value, the relationship and how dug-in the other side is.
- A good adviser tells you when NOT to fight, not just when to.
- Limitation periods run in the background — sit on a claim too long and you can lose it entirely.
Before you do anything
When a deal goes wrong the instinct is to reach for the keyboard and let them have it. Resist. The opening moves in a dispute tend to set its whole course, and a hasty threat can lock you into a battle you'd rather have sidestepped.
Before you act, get honest about three things: what you actually want (the money? an apology? the relationship kept alive?), how strong your position really is, and what it'll cost to chase. Those three answers shape everything.
The ways out
- Negotiation. Cheapest and most common. A well-judged, well-evidenced position settles a lot of things quietly.
- Mediation. A neutral third party helps you both reach a deal. Confidential, quick, and it keeps relationships intact. Courts expect you to have at least considered it.
- Arbitration. A private, binding decision — often because a contract requires it.
- Litigation. The formal court route, for when the rest have failed or don't fit.
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The maths nobody likes
The hardest discipline in any dispute is keeping the cost of the fight in proportion to the prize. A £20,000 claim pushed all the way to trial can cost more than it recovers — and even winning doesn't guarantee you get all your costs back. Good dispute advice is as much about talking you out of the wrong fight as into the right one. We'll give you a straight read on prospects and cost up front, and keep it under review so you're never throwing good money after bad.
When it's worth the fight
Sometimes it genuinely is — the sum's significant, the other side won't engage, or it's a matter of principle you're not prepared to drop. When that's the call, it should be run properly and to the clock. And remember the quiet danger: limitation periods (usually six years for contract claims, shorter for some) run whether or not you've done anything. Sit on it and you can lose the right to bring it at all.
Frequently asked questions
Do most disputes end up in court?
No. The large majority of commercial disputes settle by negotiation or mediation, without ever reaching a trial. Litigation is a tool for when those routes fail or don't fit — not the default first move.
Does mediation actually work?
More often than people expect. A neutral mediator helps both sides reach their own deal — it's quick, confidential and preserves the relationship, and it resolves a high proportion of the disputes that reach it. Courts expect you to have considered it.
How long do I have to bring a claim?
Most contract claims must start within six years, but some limits are much shorter, and the clock runs whether or not you've taken advice. If you think you've got a claim, get advice early — delay can bar it completely.
Sources & further reading
This article is general information, not legal advice. The law changes and depends on your circumstances — always take advice on your specific situation before acting. Last reviewed 15 June 2026. Buzz Solicitors is a trading name of AD Solicitors Limited, a recognised body regulated by the SRA (no. 8011228).
A solicitor with more than two decades' experience in commercial law, dispute resolution, insolvency and judicial review. Robert acts for businesses, directors and individuals on the matters that carry real consequence — and leads Buzz Solicitors.
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